header-logo header-logo

05 October 2012 / Barbara Hewson
Issue: 7532 / Categories: Features , Professional negligence , Mental health
printer mail-detail

A consistent approach

Barbara Hewson highlights some recent trends in reproductive rights

On 28 August 2012, the European Court of Human Rights (ECtHR) published an interesting decision on Italy’s law on artificial insemination. The case, Costa v Italy (App No 54270/10), is striking: first, because it is a unanimous ruling in a sensitive area and, second, because of its trenchant distinction between the status of a “child” and an “embryo”.

The applicants are a couple who are healthy carriers of cystic fibrosis. They first discovered their status, after they had a daughter in 2006, who was diagnosed with the disease. Understandably, the couple were anxious to avoid having further children similarly afflicted. When Ms Costa became pregnant again in 2012, she underwent antenatal screening and the baby was diagnosed with cystic fibrosis. The couple decided to terminate that pregnancy. They then sought to have a baby by “in vitro fertilisation” (IVF), but wanted to have the embryo genetically screened prior to implantation. This is called “pre-implantation diagnosis” (PID).

Interference

Italian law prohibits PID,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
back-to-top-scroll