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Court: First request under Protocol No.16

Human rights judges have been asked to issue an advisory opinion on the question of surrogacy, in the first such request since the introduction of Protocol No. 16.

The European court received the request on 16 October from France’s Court of Cassation.

Protocol No.16, which entered into force on 1 August 2018, allows the highest courts and tribunals, as specified by the member States which have ratified this text, to request the court to give advisory opinions on questions of principle relating to the interpretation or application of the rights and freedoms defined in the convention or its protocols.

An advisory opinion may be requested only in the context of a case pending before the domestic court.

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