ECtHR: Post-Mortem Examination of Muslim Baby Violated Parents’ Humans Rights

London: A post-mortem examination of a baby conducted against the wishes of his Muslim parents has been ruled a breach of Articles 8 and 9 of the European Convention on Human Rights (ECHR). Leyla Polat, an Austrian national, became pregnant with her son Y.M. in 2006 and was told by doctors that her baby was likely to be born with a disability as a result of Prune-Belly syndrome. On 3 April 2007, Mrs Polat gave birth prematurely and just two days later her son died from a cerebral haemorrhage.

Doctors wished to carry out a post-mortem examination in the interest of science and public health, but Mrs Polat and her husband wanted to bury their son in accordance with their Muslim beliefs so refused to give their permission. Nevertheless, on 6 April 2007, a post-mortem examination was performed at the Feldkirch Regional Hospital as the doctors claimed it had to be carried out in order to clarify the exact reason for Y.M.’s death. According to standard practice, all the internal organs were removed and the hollows were filled with cotton wool.

Source: Scottish Legal News