Judges have ruled in favour of a Turkish mum, who complained of a breach of human rights law, following the death of her baby, refused admission to public hospitals.
In its 27 January judgment in the case of Asiye Genç v. Turkey (application no. 24109/07) the European Court of Human Rights held, unanimously, that there had been:
a violation of Article 2 (right to life) of the European Convention on Human Rights
The case concerned a prematurely born baby’s death in an ambulance, a few hours after birth, following the baby’s transfer between hospitals without being admitted for treatment.
The court found, firstly, that the state had not sufficiently ensured the proper organisation and functioning of the public hospital service, or its health protection system.
The child died because it had not been offered any treatment. Such a situation constituted a denial of medical care such as to put a person’s life in danger.
Secondly, the court found that the Turkish judicial system’s response to the tragedy had not been appropriate for the purposes of shedding light on the exact circumstances of the child’s death.
Just satisfaction (Article 41)
The court held that Turkey was to pay the applicant 65,000 euros (EUR) in respect of non-pecuniary damage.