Publication details
Anonymní dárcovství gamet ve světle rozsudku ve věci Gauvin-Fournis a Silliau proti Francii
| Title in English | Anonymous Gamete Donation in the Light of the Judgment in Gauvin-Fournis and Silliau vs. France |
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| Authors | |
| Year of publication | 2024 |
| Type | Article in Periodical |
| Magazine / Source | Časopis pro právní vědu a praxi |
| MU Faculty or unit | |
| Citation | |
| Web | Odkaz na plný text výsledku |
| Keywords | Assisted Reproduction; Gamete Donation; Anonymity; Right to Private Life; Right to Know One’s Origins; the Best Interests of the Child; Margin of Appreciation |
| Description | The article deals with a critical analysis of the long-awaited judgment of the European Court of Human Rights in Gauvin-Fournis and Silliau v. France, which for the first time addressed the issue of anonymous gamete donation as a cause of conflict between the right to know one’s origins and the protection of other human rights or public interests. In that context, it is explained that, although the right in question is expressly enshrined in the Convention on the Rights of the Child, its protection in fact occurs, in principle, only in connection with the interpretation of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. On the basis of the case law of the European Court of Human Rights on related topics, it is then argued that the right to know one’s origins is an integral part of the right to identity and the right to private life, which severely restricts the state’s margin of appreciation. These findings are then used as the basis for a detailed analysis of the judgment in question and the reasoning used therein. |
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