Sunday, January 13, 2013

Summary of Koch v. Germany and Costa and Pavan v. Italy (Hungarian)

In the upcoming issue of Fundamentum, the Hungarian human rights quarterly, you can find two summaries of Koch v. Germany and Costa and Pavan v. Italy (the language is Hungarian).

The first case concerns an application of a widow of a then deceased woman who wanted access to physician assisted suicide (PAS) in Germany. However, due to the strict rules of the German law she and - after her death - her husband could not obtain a substantive reasoning from the courts as to why she could not have a lethal dose of drugs be precribed, only refusals of their submissions.


The other case concerns the lack of access to preimplantation genetic diagnosis (PGD) for a couple suffering from cystic fibrosis, a genetically heritable disease.

There is also a very interesting article about the comperative law method used by the ECtHR written by Eszter Polgári.The author "analyses the different usages of the 'European consensus' argument in the jurosprudence of the European Court of Human Rights, and how the Court strives, or should strive, to construct a coherent standard".

The table of contents can be found here.

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