Carvalho Pinto de Sousa Morais v. Portugal

Abstract

Human rights — Prohibition of discrimination on grounds of sex — Right to private and family life — Domestic proceedings establishing liability for medical malpractice — Whether compensation awarded adequate — Applicability of Article 14 of European Convention on Human Rights, 1950 taken in conjunction with Article 8 — Gender equality — Stereotypes — Age discrimination — Physical disability — Private sexual life — Whether Portugal violating Article 14 read together with Article 8 of European Convention on Human Rights, 1950

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — United Nations Convention on Elimination of All Forms of Discrimination against Women, 1970 (“CEDAW”) — CEDAW Committee observations — Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, 2011 — United Nations Human Rights Council report — Judgment of Portuguese court — Liability for medical malpractice and adequate compensation — Reasoning of court — Gender-based stereotyping — Whether Portugal violating Article 14 read together with Article 8 of European Convention on Human Rights, 1950

Damages — Compensation — Non-pecuniary damage — Pecuniary damages — Medical malpractice — Applicant suffering physical injury following operation — Judgment of Portuguese court — Compensation awarded reduced — Reasoning of court — Gender stereotyping — Whether discriminatory — Appropriate compensation