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Judgment Czech Republic may prohibit midwives help with home births
A ban on midwives supporting home birth does not violate mothers' fundamental rights. The Grand Chamber of the European Court of Human Rights (ECtHR) in Strasbourg confirmed on Tuesday, 15 November 2016, a corresponding chamber decision of the ECtHR from 2014 to the Czech Republic (Ref .: 28859/11 and 28473/12).
Partly after bad previous experiences in the hospital, the two complainants wanted to have their second or third child at home. However, they did not find any midwives to support them. The background is a Czech ban on members of all health professions to accompany scheduled home births. Even midwives may only work in the hospitals thereafter.
New judgment in matters of home births. Picture: highwaystarz - fotolia The two women claim that the ban violates their human rights to private and family life. In a Chamber decision, the ECtHR dismissed the complaints on 11 December 2014 (also Az .: 28859/11 and 28473/12, JurAgentur notification of the sentencing date). The Strasbourg judges, however, called on the Czech Republic to ensure that mothers can find hospitals that respect their wishes for birth and take them into account.
The Grand Chamber of the ECtHR has also confirmed the Czech regulations. Home births are handled very differently in the member states of the Council of Europe. The individual states should therefore be allowed a wide margin.
The regulations in the Czech Republic are legally anchored and known to all women, especially pregnant women. The law pursues the legitimate goal of better protecting the life and health of mother and child. In addition, the Czech Republic has taken various steps to improve the situation and in particular the self-determination of expectant mothers in the hospitals.
All in all, the right to private and family life of the mothers is therefore not violated, now ruled by a clear majority in the highest instance the Grand Chamber of the ECtHR. mwo / fle