# Case (Art 3 - forced abortion and contraception). GM v Moldova 44394/15 \[2022\] ECHR 1010 **URL:** \ **Category:** MHLO updates\ **Created:** [22 November 2022 21:24 UTC](https://forum.mentalhealthlaw.co.uk/t/case-art-3-forced-abortion-and-contraception-gm-v-moldova-44394-15-2022-echr-1010/1377 "2022-11-22T21:24:17Z")\ **Posts on this page:** 1\ **Page:** 1
**Author:** ![MHLO](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/mhlo/32/24_2.png) [@MHLO](https://forum.mentalhealthlaw.co.uk/u/MHLO)\ **Post date:** [22 November 2022 21:24 UTC](https://forum.mentalhealthlaw.co.uk/t/case-art-3-forced-abortion-and-contraception-gm-v-moldova-44394-15-2022-echr-1010/1377/1 "2022-11-22T21:24:17Z")
— Headnote from judgment: "(1) Art 3 (procedural) • Ineffective investigation into allegations of forced abortions and forced contraception after rape by doctor in neuropsychiatric residential asylum of three intellectually disabled applicants with legal capacity. (2) Art 3 (substantive) • Positive obligations • Inhuman or degrading treatment • Respondent State’s failure to establish and apply effectively a system providing protection to intellectually disabled women in psychiatric institutions against serious breaches of their integrity • Domestic legal framework lacking adequate safeguards of obtaining valid, free and proper consent from intellectually disabled persons for medical interventions • Inadequate criminal legislation and lack of mechanisms to prevent such abuse • Failure to protect applicants’ physical integrity from non-consensual abortion and regarding first applicant also forced contraception • Absence of prima facie evidence showing remaining applicants subjected to forced contraception" The state was ordered to pay the three applicants €30,000, €25,000 and €25,000. * * * Full details available at: [https://www.mentalhealthlaw.co.uk/GM\_v\_Moldova\_44394/15\_(2022)\_ECHR\_1010?id=221122-2053](https://www.mentalhealthlaw.co.uk/GM_v_Moldova_44394/15_(2022)_ECHR_1010?id=221122-2053)