Evans v United Kingdom
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''Evans v. the United Kingdom'' was a key case at the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
. The case outcome could have had a major impact on fertility law, not only within the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
but also the other Council of Europe countries. Professor John Harris of the
University of Manchester , mottoeng = Knowledge, Wisdom, Humanity , established = 2004 – University of Manchester Predecessor institutions: 1956 – UMIST (as university college; university 1994) 1904 – Victoria University of Manchester 1880 – Victoria Univ ...
told the
BBC #REDIRECT BBC #REDIRECT BBC Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
...
in September 2002: On 10 April 2007 Natallie Evans lost her final appeal at the Grand Chamber of the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
.


Facts

In June 2000, Natallie Evans (born October 1971) and Howard Johnston (born November 1976) who had met while working at
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in
Wiltshire Wiltshire (; abbreviated Wilts) is a historic and ceremonial county in South West England with an area of . It is landlocked and borders the counties of Dorset to the southwest, Somerset to the west, Hampshire to the southeast, Gloucestershire ...
became
engaged An engagement or betrothal is the period of time between the declaration of acceptance of a marriage proposal and the marriage itself (which is typically but not always commenced with a wedding). During this period, a couple is said to be ''fi ...
. In October 2001, Evans was diagnosed with
ovarian cancer Ovarian cancer is a cancerous tumor of an ovary. It may originate from the ovary itself or more commonly from communicating nearby structures such as fallopian tubes or the inner lining of the abdomen. The ovary is made up of three different c ...
, and was offered a cycle of
IVF In vitro fertilisation (IVF) is a process of fertilisation where an egg is combined with sperm in vitro ("in glass"). The process involves monitoring and stimulating an individual's ovulatory process, removing an ovum or ova (egg or eggs) f ...
treatment before her cancer treatment because her fertility would be affected. On 12 November 2001 eleven of Evans' eggs were produced and fertilised using Johnston's sperm, resulting in six embryos which were frozen and placed in storage. On 26 November 2001 Ms Evans underwent an operation to remove her
ovaries The ovary is an organ in the female reproductive system that produces an ovum. When released, this travels down the fallopian tube into the uterus, where it may become fertilized by a sperm. There is an ovary () found on each side of the body. T ...
. She was told she would need to wait for two years before the implantation of the embryos in her
uterus The uterus (from Latin ''uterus'', plural ''uteri'') or womb () is the organ in the reproductive system of most female mammals, including humans that accommodates the embryonic and fetal development of one or more embryos until birth. The ...
. In May 2002, the couple split up. In the summer of 2002, Johnston, who lives in Cheltenham, wrote to the Bath, Somerset clinic storing the embryos and asked that they be destroyed. On 30 July 2002 the clinic informed Evans of Johnston's request under current United Kingdom IVF law, regulated by the
Human Fertilisation and Embryology Authority The Human Fertilisation and Embryology Authority (HFEA) is an executive non-departmental public body of the Department of Health and Social Care in the United Kingdom. It is a statutory body that regulates and inspects all clinics in the United ...
, which states that both parties must give their consent for IVF to continue – otherwise, the embryos must be destroyed. Evans started her legal challenge immediately, which in agreement with her solicitor Muiris Lyons was a dual challenge on the existing UK law under the Human Rights Act 1998, with Lorraine Hadley. Hadley from
Baswich Baswich is an estate on the south eastern side of Stafford. It is part of the civil parish of Berkswich and is in Staffordshire, England. It is situated next to Weeping Cross, which is also part of the civil parish. Baswich amenities are a local ...
, Staffordshire, underwent IVF treatment but later got
divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
d from her husband Wayne, and wanted to use two of her stored embryos to try to get pregnant.


Judgment


High Court

Lawyers for the two women submitted to the
High Court of Justice The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (Englan ...
in September 2002 that, as treatment was already under way, the men should not have the right to stop it. The women used the analogy that if they got pregnant naturally and the embryos were in their bodies, then their partners would have no say at all. In September 2002,
Elizabeth Butler-Sloss, Baroness Butler-Sloss Ann Elizabeth Oldfield Butler-Sloss, Baroness Butler-Sloss, GBE, PC (''née'' Havers; born 10 August 1933), is a retired English judge. She was the first female Lord Justice of Appeal and was the highest-ranking female judge in the United Kin ...
the president of the High Court's Family Division, said that a full hearing would be scheduled for the New Year, later confirmed as 30 June 2003. On 1 October 2003 Mr Justice Wall said that in ruling against the women, although he had sympathy for the women's situation, he could not overrule the law as it stood. He said it was up to Parliament, rather than the High Court, to decide whether the law in this area needed to be changed. The High Court ruled the embryos of both women should be destroyed, but that would not happen until the conclusion of the appeals process. The women could appeal to the Court of Appeal or on to the European Courts. The main secondary outcome of the ruling was that the judge ruled that fertility clinics would now have to counsel couples having IVF to consider carefully what would happen to any embryos that were created if they split up. James Grigg, solicitor for Howard Johnston, said: "Mr Johnston firmly believes that this outcome could be the only one, given the circumstances. With the conclusion of his relationship with Ms Evans, he would not now elect to start a family with her. If a child had been born, Mr Johnston would have legal, financial, emotional and moral responsibility for it. Mr Johnston hopes that Ms Evans wish to start a family can be satisfied in some other way, perhaps using donor eggs." After offering to donate the embryos to infertile couples, on 24 October 2003 Mrs Hadley told the
BBC #REDIRECT BBC #REDIRECT BBC Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
...
''
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'' regional news program that she was giving up her fight in light of the unlikely scenario that her ex-husband would provide consent to her using the embryos, and the withdrawal of legal aid.


House of Lords

On 29 November 2004 three
Law Lords Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of ...
dismissed Evans's application for leave to the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
on the grounds that the petition "did not raise an arguable point of law of general public importance which ought to be considered by the House at this time, bearing in mind that the cause has already been the subject of judicial determination". Ms Evans still had the right to appeal to the European Court of Human Rights (ECHR) in Strasbourg.


European Court of Human Rights

On 26 January 2005 the Bath clinic informed Evans that it was under a legal obligation to destroy the embryos, and intended to do so on 23 February 2005. Although now outside the statutory five year legal limit for the retention before use of embryos, on 27 February 2005 the ECHR, to whom Evans had applied, requested, under Rule 39 (interim measures) of the Rules of Court, that the United Kingdom Government take appropriate measures to prevent the embryos being destroyed by the clinic before the Court had been able to examine the case. The embryos were not destroyed. On 7 March 2006 a panel of seven judges of the ECHR delivered a majority 5–2 ruling against Ms Evans, which read: "The Court, like the national courts, had great sympathy for the plight of the applicant who, if implantation did not take place, would be deprived of the ability to give birth to her own child." However, the panel majority found that, even in such exceptional circumstances as Ms Evans', the right to a family life – enshrined in article eight of the European Convention of Human Rights – could not override Johnston's withdrawal of consent. The panel also ruled, this time unanimously, that the issue of when the right to life begins "comes within the margin of appreciation which the Court generally considers that States should enjoy in this sphere", and thus rejected the claim that embryo's right to life was being threatened. Michael Wilks, of the British Medical Association ethics committee, said: "It's the right verdict, but a terrible situation." Dr Wilks called for a change to the five year limit for embryos to be stored after one partner withdraws consent should be extended so there was less of a "ticking clock". Ms Evans decided to appeal to the Grand Chamber of the European Court, but commented that she still wanted her ex-fiancé to change his mind to allow the embryos to be used. On 10 April 2007 the Grand Chamber of the ECHR ruled against Evans' appeal under three articles of the European Convention of Human Rights, which represented her last chance to save the embryos. The court ruled unanimously that there had been no breach of the right to life; but on the right to respect for private and family life and on the prohibition of discrimination the 17 judges ruled 13 to 4 (Judges Türmen, Tsatsa-Nikolovska, Spielmann and Ziemele dissented the judgment). Dr Allan Pacey, secretary of the British Fertility Society, said: "I think it was the only sensible decision which the Grand Chamber could come to. UK law is clear. It is a principle of shared responsibility."


Timeline

The timeline of the case is as follows: *June 2000 – Natallie Evans and Howard Johnston, who have been together a year, become engaged *October 2001 – Ms Evans, from
Trowbridge Trowbridge ( ) is the county town of Wiltshire, England, on the River Biss in the west of the county. It is near the border with Somerset and lies southeast of Bath, 31 miles (49 km) southwest of Swindon and 20 miles (32 km) southeas ...
,
Wiltshire Wiltshire (; abbreviated Wilts) is a historic and ceremonial county in South West England with an area of . It is landlocked and borders the counties of Dorset to the southwest, Somerset to the west, Hampshire to the southeast, Gloucestershire ...
, is diagnosed with
ovarian cancer Ovarian cancer is a cancerous tumor of an ovary. It may originate from the ovary itself or more commonly from communicating nearby structures such as fallopian tubes or the inner lining of the abdomen. The ovary is made up of three different c ...
, and is offered a cycle of
IVF In vitro fertilisation (IVF) is a process of fertilisation where an egg is combined with sperm in vitro ("in glass"). The process involves monitoring and stimulating an individual's ovulatory process, removing an ovum or ova (egg or eggs) f ...
treatment before treatment because her fertility will be affected *November 2001 – Eleven eggs are produced and fertilised, resulting in six embryos which are frozen and placed in storage *Summer 2002 – Mr Johnston, who lives in Cheltenham, writes to the Bath, Somerset clinic storing the embryos asking for them to be destroyed after the couple had split *June 2003 – Ms Evans, and another woman Lorraine Hadley, from Baswich, Staffordshire, go to the High Court seeking permission to use frozen embryos against their exes wishes *October 2003 – the
High Court of Justice The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (Englan ...
rules against Ms Evans and Mrs Hadley. Mrs Hadley decides to end her legal battle, but Ms Evans vows to continue *January 2004 – Ms Evans seeks leave to appeal against the High Court judgment *June 2004 – the Court of Appeal also rules that Ms Evans cannot use the embryos without Mr Johnston's consent *November 2004 – the
Law Lords Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of ...
refuse her permission to take her case to the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
*February 2005 – Ms Evans lodges an appeal with the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
*September 2005 – the European Court hears her case *March 2006 – Ms Evans hears the court has ruled against her, and says she will seek leave to appeal to the Grand Chamber of the European Court *10 April 2007 – the Grand Chamber of the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
hears case, and rules against Ms Evans


See also

*
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Notes


External links


Press Release from the Grand Jury of the European Court of Human Rights, on final judgmentReactions to April 2007 European Court rulingPress release from Willans, the solicitors representing Howard Johnston
{{DEFAULTSORT:Evans V United Kingdom Article 8 of the European Convention on Human Rights Article 14 of the European Convention on Human Rights Discrimination in the United Kingdom In vitro fertilisation Reproductive rights case law European Court of Human Rights cases involving the United Kingdom European Court of Human Rights cases decided by the Grand Chamber 2007 in case law 2007 in British law Family law in the United Kingdom