Sperm donation for lesbian couples: could Austrian jurisprudence have repercussions in Europe?

Publié le : 24 January 2014

 On 17 January 2014, the Austrian Constitutional Court concluded that lesbian couples should be entitled to sperm donation, just like heterosexual couples. (Gènéthique press review on January 20th, 2014). 

Interviewed by the daily newspaper, La Croix, in an attempt to establish whether this decision could have repercussions in other European countries, Nicolas Hervieu, researcher at the Centre de recherches et d’études des droits fondamentaux (Credof) (Fundamental Rights Research and Study Centre) stated that this was a purely Austrian decision. However, Nicolas Hervieu went on to explain that "the [European Court of Human Rights] takes changes in national rights into account". If confronted with the same type of issue, the European Court would bear the Austrian decision in mind without necessarily taking the same direction: "CEDH jurisprudence fluctuates between a desire to fight against discrimination and not to get involved in the affairs of States" added Nicolas Hervieu. 

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