Caption: AdoptedRejectedWithdrawnNo electronic votes
11 April 2019
Tabled by Mr Valeriu GHILETCHI, Mr Pavlo UNGURYAN, Mr Egidijus VAREIKIS, Mr Frank HEINRICH, Mr Davor Ivo STIER, Mr Zsolt NÉMETH
Votes: 22 in favor 17 against 7 abstentions
In the draft recommendation, paragraph 1, after the second sentence, insert the following sentence: "States sought also to preserve the filiation of donor conceived children in accordance with the Convention on the Rights of the Child (articles 3, 7 and 8).".
Explanatory note
One of the main reasons why anonymity was and still is defended by many States is that gamete donation alters the link between filiation and genetics. It disrupts the laws of filiation.
11 April 2019
Tabled by the Committee on Social Affairs, Health and Sustainable Development
If adopted, amendment 1 falls.
Votes: 44 in favor 0 against 3 abstentions
In the draft recommendation, paragraph 2, replace the first sentence with the following sentence: "There has been movement towards recognition of a right to know one’s origins in the last decades, connected to the right to an identity and to personal development: In international human rights law, through its inclusion in the United Nations Convention on the Rights of the Child as a "stand-alone" right for children, and in European human rights law through the case-law of the European Court of Human Rights, which has recognised this right as an integral part of the right to respect for private life.".
Explanatory note
This amendment clarifies the original wording and thus addresses the concerns raised in amendments 1 and 2 tabled by the Committee on Legal and Affairs and Human Rights (which thus become moot).
11 April 2019
Tabled by the Committee on Legal Affairs and Human Rights
Falls if amendment 5 is adopted.
In the draft recommendation, paragraph 2, first sentence, after the word "including" insert the following words: "the interpretation given to".
11 April 2019
Tabled by the Committee on Legal Affairs and Human Rights
In the draft recommendation, paragraph 2, second sentence, after the words "This right", insert the following words: ", which is an integral part of the right to respect for private life,".
11 April 2019
Tabled by the Committee on Legal Affairs and Human Rights
Votes: 41 in favor 0 against 4 abstentions
In the draft recommendation, at the beginning of paragraph 5, insert the following words: "The Parliamentary Assembly notes that the legislation and practices of Council of Europe member States in the field of medically assisted procreation vary significantly. Nonetheless,".
11 April 2019
Tabled by the Committee on Social Affairs, Health and Sustainable Development
In amendment 3, replace all the words with the following words: "At the end of paragraph 4, insert the following sentence: "The current legislation and practices of Council of Europe member States in the field of medically assisted procreation vary significantly."".
Explanatory note
This sub-amendment simply moves this amendment up to paragraph 4 and modifies the text accordingly.
11 April 2019
Tabled by the Committee on Legal Affairs and Human Rights
Votes: 9 in favor 32 against 5 abstentions
In the draft recommendation, at the beginning of paragraph 7.1, insert the following words: "as far as possible".
11 April 2019
Tabled by Mr Valeriu GHILETCHI, Mr Pavlo UNGURYAN, Mr Egidijus VAREIKIS, Mr Davor Ivo STIER, Mr Zsolt NÉMETH
Votes: 7 in favor 34 against 6 abstentions
In the draft recommendation, at the beginning of paragraph 7.3, insert the following sentence: "State parties have no obligation to legalise assisted reproductive technologies involving gamete donations.".
Explanatory note
According to the Grand Chamber of the European Court of Human Rights in the case S.H. v. Austria, State parties have no obligation to legalize assisted reproductive technics involving gamete donations.
11 April 2019
Tabled by Mr Valeriu GHILETCHI, Mr Pavlo UNGURYAN, Mr Egidijus VAREIKIS, Mr Davor Ivo STIER, Mr Zsolt NÉMETH
Votes: 6 in favor 38 against 5 abstentions
In the draft recommendation, after paragraph 7.5, insert the following paragraph:
"There is no right to a child, and the respect for children's rights to know their biological filiation must be paramount in accordance with the Convention on the Rights of the Child. To this end, State parties can legitimately limit access to practices involving gamete donation or limit it to married couples for which a medical infertility was diagnosed.".
Explanatory note
If the recommandation is to be consistent with its purpose of balancing the rights of all three parties, the interest of the child must be highlighted. In the future, ways of limiting the difficultes children born by medically assisted reproduction face in tracing their filiation must also be promoted.