Can a judicial body impose the hospital admission of a pregnant woman without hearing the person concerned and outside its legal competence? (STC 66/2022, 22tn June)

Authors

  • Francisco Javier Matia Portilla Universidad de Valladolid

DOI:

https://doi.org/10.18042/cepc/redc.128.08

Abstract

This study is dedicated to the analysis of the right to personal privacy of the pregnant mother, who is the only one who can decide to give birth and, in this case, the conditions of the birth. The Constitutional Court, in STC 66/2022, has endorsed a judicial intervention that restricts various fundamental rights of the appellant without her having been heard either before or after. This paper provides arguments that would lead to the granting of the protection requested.

Published

2023-09-21

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES