Women and Justice: Location

International Case Law

Korneykova and Korneykov v. Ukraine European Court of Human Rights (2016)

Abortion and reproductive health rights, Custodial violence

The first applicant, a woman in her fifth month of pregnancy, was taken into police custody on suspicion of robbery and subsequently detained pending trial.  The woman gave birth to her son, the second applicant, while in detention.  The woman claimed that she had been shackled to bed during her stay in the maternity hospital, placed in a metal cage during court hearings before and after giving birth, and that the physical conditions of her and her child’s detention and the medical care provided to the child in pre-trial detention had been inadequate.  The Court considered that shackling to a gynecological examination chair before and after birth giving on the basis that she could escape or behave violently was unjustified, inhuman and degrading given the woman’s condition, and that holding a person in a metal cage during a trial constituted an affront to human dignity. The Court also held that keeping the woman’s son in detention without any monitoring by a pediatrician for almost three months following his birth and without adequate healthcare constituted a violation of his rights.

Garnaga v. Ukraine European Court of Human Rights (2013)

Gender discrimination, International law

The applicant requested Ukrainian authorities to change her patronymic to the one derived from her stepfather’s name and was refused because local legislation allowed a citizen to change the patronymic only in the event of a change of his/her father’s name.  At the same time, the applicant successfully changed her surname to the surname of her stepfather.  The Court held that given that the Ukrainian legislation recognizes the right of the individual to change his/her name and the procedure of changing names is flexible, the denial on changing the patronymic was not sufficiently justified.  Furthermore, the court held that the authorities had not secured the applicant’s right to respect for her private life as no reasons had been given by the Ukrainian authorities for denying the applicant her right to decide an important aspect of her private and family life and no such justification had otherwise been established.