Post-mortem examination of baby's body against mother's will – Violation of Art. 8 and 9 ECHR

EUROPE: RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE

European Court of Human Rights, judgment, 29 July 2021, Polat v. Austria (Application no. 12886/16).

«The case concerned a post-mortem examination of the applicant’s son carried out against her will. The Court found in particular that the Austrian authorities had failed to balance the needs of science and the protection of public health against the applicant’s rights in carrying out the post-mortem against her will and against her religious convictions, and examining the issue later in the courts. It also found that the failure to disclose to the applicant information regarding the extent of the examination given her specific circumstances had been a violation of her rights.»

Direct link to the judgment (hudoc.echr.coe.int)
Accès direct au communiqué de presse (hudoc.echr.coe.int)
Direct link to the press release (hudoc.echr.coe.int)