TAILIEUCHUNG - This factsheet is not exhaustive and does not bind the Court

State law defines the grounds for misconduct, such as negligence, deceit, fraud, or exploitation of the physician-patient relationship. A physician will face restrictions, suspension, or revocation of his or her license to practice following investigation and conviction of charges filed against him or her. Physicians are required to complete medical school and several years of postgraduate training. They must also pass a rigorous medical licensing examination to be eligible for licensure. The license to practice is broad and not restricted to particular fields of medicine. An additional layer of professional self-regulation - board certification - is where specialization is addressed | EUROPEAN COURT OF HUMAN RIGHTS COUR EUROPÉENNE DES DROITS DE L HOMME Press Unit Unite de la Presse Factsheet - Reproductive Rights October 2012 This factsheet is not exhaustive and does not bind the Court Reproductive Rights Medically-Assisted Procreation Evans v. United Kingdom application no. 6339 05 Grand Chamber Natallie Evans who was suffering from ovarian cancer underwent in-vitro fertilisation IVF with her then partner J. before having her ovaries removed. Six embryos were created and placed in storage. When the couple s relationship ended J withdrew his consent for the embryos to be used not wanting to be the genetic parent of Ms Evan s child. National law consequently required that the eggs be destroyed thus preventing Ms Evans from ever having a child to whom she would be genetically related. While sympathising with Ms Evan s plight the European Court of Human Rights found no violation of Articles 2 right to life 8 right to respect for family life or 14 prohibition of discrimination of the European Convention on Human Rights the embryos created did not have a right to life there was no European consensus and the rules on consent were clear brought to Ms Evan s attention before she underwent IVF and struck a fair balance between the competing interests. Dickson v. United Kingdom no. 44362 04 Grand Chamber Kirk Dickson a prisoner with a minimum 15-year sentence to serve for murder was refused access to artificial insemination facilities to enable him to have a child with his wife Lorraine who born in 1972 had little chance of conceiving after his release. The Court held by 12 votes to five that there had been a violation of Article 8 of the Convention as a fair balance had not been struck between the competing public and private interests. Measures taken following the judgment Mr Dickson is now in an open prison and has home leave and a new policy has been introduced concerning prisoner s access to assisted conception facilities. . .

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