Search
document

Document text Analytics

BRÜGGEMANN AND SCHEUTEN AGAINST GERMANY

Doc ref: 6959/75 • ECHR ID: 001-49223

Document date: March 17, 1978

Inbound citations: 0
•
Cited paragraphs: 0
•
Outbound citations: 0

BRÜGGEMANN AND SCHEUTEN AGAINST GERMANY

Doc ref: 6959/75 • ECHR ID: 001-49223

Document date: March 17, 1978

Cited paragraphs only

The Committee of Ministers,

Having regard to Article 32 (art. 32) of the European Convention for

the Protection of Human Rights and Fundamental Freedoms (hereinafter

referred to as the "convention");

Having regard to the report drawn up by the European Commission of

Human Rights in accordance with Article 31 (art. 31) of the convention

relating to the application lodged by Mrs Brüggemann and Mrs Scheuten

against the Federal Republic of Germany (Application No. 6959/75);

Whereas on 14 October 1977 the Commission transmitted the said report

to the Committee of Ministers and whereas the period of three months

provided for in Article 32, paragraph 1 (art. 32-1) of the convention

has elapsed without the case having been brought before the European

Court of Human Rights in pursuance of Article 48 (art. 48) of the

convention;

Whereas in the applications introduced on 24 March and 27 May 1975 the

applicants mainly allege violations of Article 8 (art. 8) of the

convention in that they are not free to have an abortion carried out

in case of an unwanted pregnancy, of Article 9 (art. 9) of the

convention in that the judgment of the Federal Constitutional Court of

25 February 1975 was based on religious grounds, as well as of

Articles 9 and 11 (art. 9, art. 11) of the convention on the grounds

that the Constitutional Court interfered with the separation of

powers, of Articles 14, 17 and 18 (art. 14, art. 17, art. 18) of

the convention and for one of them of Article 12 (art. 12) of the

convention;

Whereas the Commission in its decision of 19 May 1976 on the

admissibility found the application raised issues under Article 8

(art. 8) of the convention but did not find it necessary to decide

upon further allegations;

Whereas the Commission in its report adopted on 12 July 1977

considered that not every regulation of the termination of unwanted

pregnancy constitutes an interference with the right to respect for

the private life of the mother, in that Article 8, paragraph 1

(art. 8-1) could not be interpreted as meaning that pregnancy and its

termination are, as a principle, solely a matter of the private life

of the mother; and that therefore the Commission, in its report,

concluded that the legal rules in force in German law since the

judgments of the Federal Constitutional Court of 25 February 1975,

about which the applicants complain, do not interfere with their right

to respect for their private life;

Whereas in its report the Commission expressed the opinion that the

present case does not disclose a breach of Article 8 (art. 8) of the

convention;

Agreeing with the opinion expressed by the Commission in accordance

with Article 31, paragraph 1 (art. 31-1) of the convention;

Voting in accordance with the provisions of Article 32, paragraph 1

(art. 32-1) of the convention,

Decides that in this case there has been no violation of the

Convention for the Protection of Human Rights and Fundamental

Freedoms.

LEXI

Lexploria AI Legal Assistant