Published on 6 April 2021

SECOND SECTION

Application no. 44394/15 G.M. and Others against the Republic of Moldova lodged on 2 September 2015 communicated on 19 March 2021

SUBJECT MATTER OF THE CASE

The application concerns the alleged termination of the applicants ’ pregnancies against their wishes, as well as forced sterilisation of one of them. The applicants are affected by medium-level mental development issues, but have not been officially deprived of their legal capacity. Two of them were raped by F.S., the head doctor of the psychiatric institution in which they were being treated. All three became pregnant. They all wanted to continue with their pregnancies, but the medical commission of the institution, which included F.S., decided to terminate their pregnancies, contrary to their wishes. In addition, the doctors installed an intrauterine contraceptive device into one of the applicants in order to prevent future pregnancies, again contrary to her wishes. After the various interventions made contrary to the applicants ’ wishes, all three applicants could no longer procreate.

The applicants complain under Article 8 of the Convention about forced interruption of their pregnancies, about threats of violence and use of sedatives, as well as an unconsented medical intervention aimed at preventing future pregnancies in respect of one of them.

The case raises issues under Articles 3 and 8 of the Convention (inhuman treatment and violation of personal integrity).

QUESTION TO THE PARTIES

Has there been a breach of Article 3 and/or 8 of the Convention? In particular, were the applicants subjected to forced termination of their pregnancies and, in respect of some of them, sterilisation (see, for instance, V.C. v. Slovakia , no. 18968/07, 8 November 2011 and G.B. and R.B. v. Moldova , no. 16761/09, 18 December 2012)?

APPENDIX

No.

Applicant ’ s Name

Nationality

Place of residence

1G. M.

Moldovan

Balti

2T. M.

Moldovan

Balti

3M. P.

Moldovan

Balti