Hostname: page-component-78c5997874-8bhkd Total loading time: 0 Render date: 2024-11-03T08:34:20.847Z Has data issue: false hasContentIssue false

Carvalho Pinto de Sousa Morais v. Portugal

European Court of Human Rights.  25 July 2017 .

Published online by Cambridge University Press:  15 October 2021

Get access

Abstract

Human rights — Prohibition of discrimination on grounds of sex — Right to private and family life — Domestic proceedings establishing liability for medical malpractice — Whether compensation awarded adequate — Applicability of Article 14 of European Convention on Human Rights, 1950 taken in conjunction with Article 8 — Gender equality — Stereotypes — Age discrimination — Physical disability — Private sexual life — Whether Portugal violating Article 14 read together with Article 8 of European Convention on Human Rights, 1950

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — United Nations Convention on Elimination of All Forms of Discrimination against Women, 1970 (“CEDAW”) — CEDAW Committee observations — Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, 2011 — United Nations Human Rights Council report — Judgment of Portuguese court — Liability for medical malpractice and adequate compensation — Reasoning of court — Gender-based stereotyping — Whether Portugal violating Article 14 read together with Article 8 of European Convention on Human Rights, 1950

Damages — Compensation — Non-pecuniary damage — Pecuniary damages — Medical malpractice — Applicant suffering physical injury following operation — Judgment of Portuguese court — Compensation awarded reduced — Reasoning of court — Gender stereotyping — Whether discriminatory — Appropriate compensation

Type
Case Report
Copyright
© Cambridge University Press 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)