Bruggemann and Scheuten v Federal Republic of Germany3 EHRR 244 1977: Not every restriction on the termination of an unwanted pregnancy constituted an interference with the right of respect for the private life of the mother.

European Commission of Human Rights: Right to respect for private life (Art 8). Abortion. Restrictions on obtaining abortions. Not every restriction on the termination of an unwanted pregnancy constituted an interference with the right of respect for the private life of the mother. Article 8(1) of the Convention could not therefore be interpreted as meaning that pregnancy and its termination were, in principle, solely a matter of the private life of the mother. The application concerns the criminal law on the termination of pregnancy in the Federal Republic of Germany. The 15th Criminal Law Reform Act 1976 maintained the principle that abortion is a criminal offence but provides that in specific situations of distress, an abortion performed by a doctor with the woman’s consent after consultation is not punishable. Applicants submit that the Act interfered with their right to private life under Art 8(1) and that this interference was not justified by on any of the grounds enumerated in para (2) of that article. No breach of Art 8.

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