title: Judicial review of restrictions on gamete donation in Europe.
abstract: The decision of S.H. and Others v. Austria vindicates the right of governments to enact restrictions on gamete donation against claims that these restrictions violate the guarantees of the European Convention on Human Rights. Van Hoof and Pennings in this issue predict that legal diversity on the question of gamete donation will persist in the wake of this decision and discuss how the decision itself is insufficiently protective of the private and family interests of individuals who seek reproduction-assisting medical treatment. This commentary discusses the difficult balancing work of the European Court of Human Rights, its questionable expansion of the margin appreciation doctrine in S.H. and Others v. Austria and how the decision might influence national courts in the future.
authors.affiliation: School of Law, City University of New York, 2 Court Square, Long Island City, NY 11101, USA. richard.storrow@mail.law.cuny.edu
authors.forename: Richard F
authors.initials: RF
authors.lastname: Storrow
mesh_terms: D001317:Austria; D033001:Directed Tissue Donation / Q000331:legislation & jurisprudence*; D005060:Europe; D006806:Human Rights / Q000331:legislation & jurisprudence*; D006801:Humans; D027724:Reproductive Techniques, Assisted / Q000331:legislation & jurisprudence*