ECHR Paradiso case being appealed: No Maternity traffic denounces a serious violation of Human rights

As December 10 marks the celebration of the International Day for Human Rights, No Maternity Traffic, of which Alliance VITA is an active member, assembled on the eve, December 9, 2015, before the European Court of Human Rights in Strasbourg: the collective movements denounce a serious violation of women and children’s rights brought to light by the Italian affair Paradiso.

At the same moment, the European Court for Human Rights was holding an audience in the High Chamber concerning the affair “the Italian social services taking charge of a nine-month old child born in Russia following a contract of gestational surrogacy. Furthermore, as it was later established the couple had no biological link with the child.”   The adults had signed a gestational surrogacy contract to buy a child in Russia for 49,000 €. The child was then taken from them by the Italian social services to be given to a couple awaiting adoption. The European Court for Human Rights condemned Italy for this act, which however protected the child. The Italian government appealed this decision which was therefore reexamined on the 9th by the judges. The definitive judgment in the form of a preliminary ruling from the High Chamber will be rendered in a few weeks.

In a press release, No Maternity Traffic explained that « during the audience, the debate was centered on issues regarding the child’s interest and the legitimacy of gestational surrogacy.”

(…) « The plaintiffs held that it is not an issue in the present case to establish a landmark ruling on the conventionality of surrogate motherhood; nevertheless they reproached the Italian government to absolutely forbid this practice and to have based their decision on this principle. That being, the two parties agree on the fact that the outcome of this case will determine the ability for individuals to circumvent their national legislation with impunity to illegally import children conceived in violation of national public law. According to the plaintiff’s lawyer this impediment would be harmful, whereas for the Italian government, the objective of fighting against the trafficking of children requires the power to oppose such practices.”      

 

No Maternity traffic recalls that « The use of women and the trafficking of humans are contradictory to the European Convention of Human Rights and in violation of international conventions notably that of the Committee on the Rights of the Child (CIDE), on eliminating all forms of discrimination in regards to women, in the fight against trafficking of human beings.”

For Caroline Roux, director of VITA International: « It is stupefying the European court ‘ which represent Human Rights’ closed their eyes during the first ruling on the principle of Gestational Surrogacy. The European Court for Human Rights did not assure its’ role to protect the rights of women and children. That a child is produced to be bought, denied access to all his biological roots, that a woman be exploited as a “surrogate carrier” then erased from the life of the child, was not taking into account in the first ruling. We assembled on December 10, International day of human rights: we strongly denounce that this committee, which should be the guardian, seriously failed and we hope the ruling will be revised in the appeal.

No Maternity Traffic encourages the diffusion of the petition, launched by the Collective Movement requesting worldwide prohibition of Gestational Surrogacy, which has already accumulated over 109,000 signatures. http:/www.nomaternitytraffic.eu/fr/.  

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