Parenthood, Reproductive Rights and the European Court of Human Rights
The development of different human reproduction practices brought up important legal questions, particularly as regards parenthood and reproductive rights. This panel examines how some of these questions have been framed in cases before the European Court of Human Rights (ECtHR) and reflects on the Court‘s challenges to engage with them. First, the panel discusses the issue of surrogacy before the ECtHR with reference to two cases against Switzerland, a country where this practice is constitutionally banned. Then the panel will focus on the Court‘s potential avenues when dealing with cases of trans men giving birth. This will prepare the ground for a critical analysis of the Court‘s variable use of its methods of interpretation and its practical effects on reproductive rights in Europe. Finally, asserting that the protection from pregnancy discrimination is an essential facet of reproductive rights, the panel will examine the Court‘s approach in two recent cases on this topic.