GM v Moldova 44394/15 [2022] ECHR 1010
Art 3 - forced abortion and contraception Headnote from judgment: "(1) Art 3 (procedural) • Ineffective investigation into allegations of forced abortions and forced contraception after rape by doctor in neuropsychiatric residential asylum of three intellectually disabled applicants with legal capacity. (2) Art 3 (substantive) • Positive obligations • Inhuman or degrading treatment • Respondent State’s failure to establish and apply effectively a system providing protection to intellectually disabled women in psychiatric institutions against serious breaches of their integrity • Domestic legal framework lacking adequate safeguards of obtaining valid, free and proper consent from intellectually disabled persons for medical interventions • Inadequate criminal legislation and lack of mechanisms to prevent such abuse • Failure to protect applicants’ physical integrity from non-consensual abortion and regarding first applicant also forced contraception • Absence of prima facie evidence showing remaining applicants subjected to forced contraception" The state was ordered to pay the three applicants €30,000, €25,000 and €25,000.
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