Anonymous Birth

2014 ◽  
Vol 22 (3) ◽  
pp. 552-580
Author(s):  
Alice Margaria
Keyword(s):  
Biological Father ◽  
Anonymous Birth ◽  
European Court ◽  
Legal Context ◽  
Biological Parents ◽  
The Right To Know ◽  
Problematic Issue ◽  
Insurmountable Obstacle ◽  
The Right ◽  
Irreversible Nature

Although the right to know one’s origins has increasingly gathered momentum, anonymous birth remains an insurmountable obstacle to access in identifying information concerning one’s biological parents, at least within the Italian legal context. The judgment of the European Court of Human Rights (ECtHR) in the case of Godelli v Italy reiterated that the problematic issue does not lie in the woman’s right to remain anonymous per se, but rather in its irreversible nature. In addition to providing an analytical account of the main legislative and judicial milestones in the regulation of anonymous birth in Italy, the present paper wishes to shed light on two issues which has thus far been disregarded: firstly, all the arguments in favour of reversibility tend to be adoptee-centred, thus failing to contemplate the rise of a similar desire for knowledge on the side of the woman and, as a result, her right to initiate a search for her child; secondly, although the multiplicity of parties concerned is often invoked as a peculiarity of as well as a source of complexity in the regulation of anonymous birth, the figure of the biological father is de facto rarely acknowledged and involved, under the controversial assumption that all undesired pregnancies which lead to anonymous birth are the result of abusive relationships.

La spinta verso una legislazione europea comune sul diritto di conoscere le proprie origini genetiche / The push towards common European legislation with respect to the right to know one’s genetic origins

2018 ◽  
Vol 66 (6) ◽  
pp. 747-761
Author(s):  
Gianluca Montanari Vergallo ◽  
Natale Mario Di Luca
Keyword(s):  
European Union ◽  
Human Rights ◽  
Right To Know ◽  
The European Union ◽  
European Legislation ◽  
Anonymous Birth ◽  
European Court ◽  
The Right To Know ◽  
Genetic Origins ◽  
The Right

A venti anni dalla sua approvazione, la Convenzione di Oviedo necessita di un aggiornamento. Infatti, non affronta la questione del diritto dei bambini nati da fecondazione eterologa di conoscere l’identità dei donatori di gameti. La Corte europea dei diritti dell’uomo ha recentemente stabilito che: a) il diritto di conoscere le proprie origini biologiche è tutelato dall’art. 8 della Convenzione dei diritti dell’uomo; b) tale diritto deve essere bilanciato con quello della madre biologica di rimanere anonima (c.d. parto anonimo). Al fine di trovare tale bilanciamento, una possibile soluzione consiste nel richiedere ai giudici di convocare la madre per chiederle se intende revocare l’anonimato. Se la madre ribadisce la propria originaria intenzione di rimanere sconosciuta, il Tribunale non può consentire al figlio di conoscere la sua identità. Gli autori analizzano anche altre due questioni non prese in considerazione dalla Corte europea: a) l’equilibrio tra il diritto di conoscere le proprie origini e quello dei donator di gamete all’anonimato; b) se tale diritto dei bambini nati da fecondazione eterologa vincoli i genitori legali a rivelargli le modalità del concepimento. Tali problemi e l’importanza degli interessi in gioco inducono gli autori a sostenere che la scelta di usare il citato art. 8 come criterio di giudizio non è affatto ottimale. Appare preferibile affrontare queste questioni attraverso un aggiornamento della Convenzione di Oviedo o comunque con modalità tali da arrivare ad una regolamentazione che sia uniforme all’interno dell’Unione europea. ---------- Twenty years since it was opened for signature, the Oviedo Convention needs updating. It does not deal with the issue of the donor-conceived children’s right to know the identity of the gamete donors. The European Court of Human Rights has recently stated that: a) the right to know one’s biological background is protected by article 8 of the Convention on Human Rights; b) such a right must be balanced with the biological mother’s right to anonymity (anonymous birth). In order to find such balancing, a possible solution might be to require judges to summon mothers to ask them whether they would like to reverse their decision to be anonymous. If the mother reaffirms her intention to remain unknown, the court may not allow the child to learn of her identity and contact her. The authors also analyze two other issues not taken into account by the European Court: a) the balancing between the right to know one’s origins and the gamete donors’ right to anonymity; b) whether the donor-conceived children’s right to know would make it mandatory for legal parents to disclose conception procedures. These problems and the importance of the interests at stake induce the authors to argue that the choice to keep using the above mentioned article 8 as yardstick is far from ideal. It appears to be far preferable to deal with these issues while updating the Oviedo Convention or in such a way as to incentivize the enactment of legislation that would be uniform throughout the European Union.

scholarly journals Anonymous birth versus child's right to identity

Pravni zapisi ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 443-463
Author(s):  
Tamara Mladenović
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Biological Origin ◽  
Child Rights ◽  
Rights Of The Child ◽  
Anonymous Birth ◽  
European Court ◽  
National Legal System ◽  
Conflicting Interests ◽  
The Right

The right to identity of the child, internationally recognized by the UN Convention on the Rights of the Child, is one of the most important in the corpus of child rights. Its structure is complex since it includes several narrower rights. Nevertheless, the situations where it comes to restriction of the right to identity are not negligible. One of them is the right to anonymous birth, the possibility acknowledged by legislators in a certain number of European countries. Conflicting interests between a mother and a child are inevitable consequence of the anonymous birth. The aim of this article is to compare the right to identity of a child and the mother's right to anonymous birth as insurmountable barrier in determining biological origin. Special attention is paid to the possibility of establishing an adequate balance between their interests, by comparing the importance that national legal system offers to each of them, with appropriate arguments, several different models of motherhood regulations are presented and can be found in European legislations. The analysis also includes the stances of international bodies, especially the European Court of Human Rights.

scholarly journals The right of the defense to request an explanation of the accusation during the criminal investigation phase

2021 ◽  
pp. 7-14
Author(s):  
Tatiana Vizdoaga ◽  
◽  
Adriana Esanu ◽  
Keyword(s):  
Fair Trial ◽  
European Convention ◽  
Criminal Investigation ◽  
Criminal Proceedings ◽  
Republic Of Moldova ◽  
European Court ◽  
The Right To Know ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

Pursuant to Article 66 paragraph (2) point 1) of the Code of Criminal Procedure, the accused has the right to know for what deed he is accused […], i.e. to be informed on the nature and cause of the accusation brought against him. If the person is not properly informed about the accusation, he is deprived of the right to ensure the possibility of preparing and exercising his defense, being seriously affected by the principles of a fair trial, guaranteed by Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Although the principle governing the exercise of rights by the accused in criminal proceedings guarantees the use of any means and procedures of defense, except those expressly prohibited by law, some prosecutors are reluctant to defenders’ requests to explain the accusation in criminal proceedings, context in which, in most cases, either declares them inadmissible or considers them unfounded. Such an approach does not reconcile the right to a fair trial; or, the clarity of what is set out in the indictment is also linked to the right of the accused to defend himself – as an indispensable element of the protection of the person against arbitrariness. Therefore, in this study, the authors will come up with pertinent arguments to annihilate the vicious practice of prosecutors to disregard the importance of predictability of the accusation in order to ensure the right to defense, as well as avoiding the conviction of the Republic of Moldova by the European Court for European Convention.

7 Immunity, 7.7 Entico Corporation Ltd v UNESCO , 18 March 2008, [2008] EWHC 531 (Comm), [2008] 2 All ER (Comm) 97

2016 ◽  
Author(s):  
Wickremasinghe Chanaka
Keyword(s):  
Human Rights ◽  
National Court ◽  
Detailed Examination ◽  
European Convention ◽  
European Court ◽  
Legal Context ◽  
The Uk ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

Entico v UNESCO provides the most detailed examination to date by a court in the UK of the relationship between the immunity of an international organization, UNESCO, and the right of access to a court, as it is implied in the interpretation of art. 6 of the European Convention on Human Rights. It raises an interesting question about the applicability of the much-cited judgment of the European Court of Human Rights in Waite and Kennedy in the context of a UN Specialised Agency. The case teaches us that the huge variety of international organizations means that the extent of their immunities must be fashioned in the case of each organization to meet their particular functional needs. This suggests that the national court needs to approach generalizations with care, and a full appreciation of the international legal context that governs the organization in question.

scholarly journals Criminals, Data Protection and the Right to a Second Chance

2018 ◽  
Author(s):  
TJ McIntyre ◽  
Ian O'Donnell
Keyword(s):  
Data Protection ◽  
The European Union ◽  
Criminal Records ◽  
Life Chances ◽  
European Court ◽  
Legal Context ◽  
Criminal Histories ◽  
The Right ◽  
Second Chance

In 2016 Ireland belatedly introduced legislation to allow for the expungement of adult criminal records and, in doing so, highlighted a changing technological and legal context which challenges the assumptions underlying rehabilitation laws. The potential impact of convictions on individuals’ life chances has increased as mandatory vetting has become more widespread. Even where vetting is not required, internet search engines render criminal histories easily accessible to curious third parties. In the other direction, the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) have developed privacy and data protection principles which require states to limit the availability of information about old convictions. In this article we outline the limitations of the Irish legislation and use it as a case study to consider these wider issues, examining how it illustrates the growing importance of European privacy and data protection norms in national criminal justice and rehabilitation systems.

scholarly journals PENAFSIRAN SISTEMATIS TERHADAP KONSEP "SETIAP ANAK" BERHAK UNTUK MENGETAHUI ORANG TUANYA DALAM PASAL 1 AYAT (1) UNDANG UNDANG NO. 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK

2011 ◽  
Vol 11 (Edsus) ◽  
Author(s):  
Trusto Subekti
Keyword(s):  
Human Rights ◽  
Key Words ◽  
Family Law ◽  
Right To Know ◽  
Legal Certainty ◽  
Biological Father ◽  
Legal Principles ◽  
Illegitimate Child ◽  
The Right To Know ◽  
The Right

Partial understanding about children and their rights according to Law No. 1 of 1974 and Law no. 23 of 2002, become confusing. If the concept of "every child" has the right to know his parents, raised and nurtured by the parents themselves are connected with the concept of illegitimate children, there will arise the question of whether an illegitimate child ("child adultery"), may file a lawsuit to the Court, in case the biological father has been married to another woman. The result of systematic interpretation in the application of Article 7 paragraph (1) Act No. 23 of 2002 based on the principles and specific legal principles in family law and marriage, the recognition of children can not be applied to "every child" and it only works for children out of wedlock with her biological father is not bound by the terms of marriage with another woman.  The expected contribution is the implementation of human rights in every national legal product should consider the principle of legal certainty, usefulness and fairness, and not just create new problems in society. Key words: systematic interpretation, every child, child recognition

‘Marry in Haste …’: The (Partial) Abolition of Same-sex Marriage in Bermuda

2020 ◽  
Vol 20 (1) ◽  
pp. 153-188
Author(s):  
Nicola Barker
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
European Convention ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
European Court ◽  
Legal Context ◽  
The Right ◽  
Court Of Appeal

Abstract In 2018, the British Overseas Territory of Bermuda revoked the right to marry for same-sex couples. In a judgment that reconceives the relationship between sexual orientation and religious freedoms, the Bermuda Supreme Court and Court of Appeal found this revocation to be unconstitutional. I explore the political and legal context in which same-sex marriage was granted and then revoked in Bermuda. I also consider the Bermuda Courts’ judgments in light of the subsequent judgment of the United Kingdom’s Supreme Court in Steinfeld, among others. While there was an assumption from both the Bermuda and United Kingdom Governments that the revocation provision was compatible with the European Convention on Human Rights, I argue that this underestimates the significance of the distinction between declining to recognise a right to same-sex marriage and revoking a right that has already been exercised. While the European Court of Human Rights has not yet found the absence of same-sex marriage to be a violation of Article 12 of the Convention, I argue that the revocation of a right to marry between same-sex couples that had been recognised in accordance with national law changes the terrain on which the Convention arguments would be made.

scholarly journals The Donation of Gametes and the Anonimity of the Donors

2015 ◽  
Vol 42 (1) ◽  
pp. 5-11
Author(s):  
R. Krastev ◽  
V. Mitev
Keyword(s):  
Web Sites ◽  
Right To Know ◽  
Family Status ◽  
The People ◽  
Biological Parents ◽  
The Right To Know ◽  
The Family ◽  
Level Of Significance ◽  
The Right ◽  
Demographic Features

Summary A study of the public opinion in Bulgaria in regard to the possibility of the adult children, created by gamete donation, to learn who their biological parents are was made. This investigation was an on-line survey. The participants in the study are individuals between 18 and 65 years of age - Internet users. The survey was included into different web sites and this enlarged the number of respondents (up to 994) and 85% of them were persons in fertile age - from 18 to 43 years. The answers of the respondents in relation of the demographic features - gender, age, education, family status and place of living were studied. The data were calculated with the special statistical product SPSS 16. A critical level of significance 0.05 was used. Results: Almost half (47%) of the respondents agree that the children born from gamete donors have the right to know at adulthood their biological parents, 35% disagree and 18% have no opinion. The demographic features influencing the answers of the question are the gender, the education and the family status of the respondents (p < 0.05). Most of the men (60%) consider that the children have the right to know their biological parents while only 44% of the women approve. The highest support of the idea about contact between the donors and their genetic off springs show the people with secondary education (56%) and the most skeptical are the respondents with high non-medical education (40%). The family status influences the opinion of the respondents - the approval of the married and unmarried is 38% and 60%, respectively.

scholarly journals KEDUDUKAN DAN HAK ANAK LUAR NIKAH PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 46/PUU-VIII/2010 TENTANG STATUS ANAK LUAR NIKAH

2019 ◽  
Vol 5 (2) ◽  
pp. 119
Author(s):  
Nurul Hak
Keyword(s):  
Constitutional Court ◽  
Biological Father ◽  
Biological Parents ◽  
The Status ◽  
Pros And Cons ◽  
Legal Position ◽  
The One ◽  
The Right ◽  
Relationship Of ◽  
The Guardian

This article describes that since the ruling of the Constitutional Court No. 46/ PUU-VIII / 2010 concerning the status of children out of wedlock, there are pros and cons in the community in responding to the decision. Because this decision is on the one hand different from the provisions in Law No. 1 of 1974 and contrary to the fatwa of the Indonesian Ulama Council No. 11 of 2010 concerning the position of adultery children and treatment of them, on the other hand in their implementation requires implementation regulations which up to now do not yet exist. In the decision of the Constitutional Court it became clear the legal position of zina children or children born without going through the door of marriage, as illegitimate children, he only had a civil relationship with his mother and his mother's family. For men who cause their birth to be subject to ta'zir punishment, by providing a living and living necessity, the punishment is solely to provide protection for the child, so that the child gets the proper life insurance. The civil relationship of the child of adultery results does not cause a nasab relationship, but requires the biological parents to provide a guarantee of life for their child. If an adultery child is a woman, if she wants to get married, then the right to become a guardian is the guardian of the judge, while her parents, in this case her biological father is obliged to hold the marriage ceremony.

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