In the European Court of Human Rights Application No. 27617/04. Between R. R. Poland and applicant respondent writen comments by The International Reproductive and a Sexual Health Law Programme, University of Toronto of Law Pursuant to rule 44, § 2 and § 4 of the Rules of the Court

Abstract

The following discussion is divided into four Parts. Part A addresses the reasons why a finding of a violation of the right to sexual non-discrimination (Article 14) in relation to the right to private life (Article 8), freedom from inhuman or degrading treatment (Article 3), and the right to an effective remedy (Article 13) is necessary. Part B argues that Contracting Parties’ denial of women’s autonomy and moral agency in the delivery of reproductive health services violates Article 14 in relation to Article 8. Part C explains the reasons why Contracting Parties’ subjection of women to humiliating or otherwise dignity-denying treatment in the delivery of timely diagnostic services, and consequent medically-indicated lawful treatment, violates Article 14 in relation to Article 3. Finally, Part D explores the reasons why Contracting Parties violate Article 14 in relation to Article 13 when they fail to provide effective means of legal redress when women are denied sex-specific diagnostic and related services.