Strasbourg Observers

View posts from: S.H. and others v. Austria

  • Alexandra Timmer

S.H. and Others v Austria: margin of appreciation and IVF

November 09, 2011

In Austria, it is forbidden to use donated sperm or ova for in vitro fertilization (‘IVF’). Ovum donation is under all circumstances prohibited; sperm donation is only possible when the sperm is directly placed in the womb of a woman (in vivo artificial insemination). Two Austrian couples complained about this regulation; the first couple needs […]

  • Alexandra Timmer

Missed Chance at Condemning Paternalism: S.H. and others v. Austria, Part Two

April 26, 2010

In a previous entry, Stijn commented on the case of S.H. and others v. Austria (see ‘How the outcome can be good, but the reasoning sloppy’). I agree with him on both counts; the outcome in S.H. is to be applauded, but the Court’s reasoning lacks bite. At issue was the Austrian Artificial Procreation Act […]

  • Weichie

How the outcome can be good, but the reasoning sloppy

April 12, 2010

The judgment delivered on 1 April 2010 in the case of S.H. and others v. Austria concerned the use of donors for in vitro fertilization (IVF). The applicants, two couples, wished to have children, but medical reasons impeded both couples from having them the biological way. They had no choice but to rely on IVF […]