Ternovszky v. Hungary

Anna Ternovszky, who was pregnant with her second child, filed a complaint against Hungary before the European Court of Human Rights, as she wished to give birth in her home and was unable to do so.  

The European Court of Human Rights is a supranational court of law which rules on cases of human rights violations as determined by the European Convention on Human Rights whose rulings are binding for the forty-seven member states.16 Ternovszky v. Hungary ruled the State has an obligation to respect the wishes of a pregnant person in regard to where they give birth, thus giving pregnant people the right to choose their birthing experience. 

It was ruled by the Court that “[t]he notion of personal autonomy is a fundamental principle underlying the interpretation of the guarantees of Article 8. Therefore the right concerning the decision to become a parent includes the right of choosing the circumstances of becoming a parent. The Court is satisfied that the circumstances of giving birth incontestably form part of one’s private life for the purposes of this provision.”17 Home birth, then, must be a realistic option for the birthing experience of pregnant people in the member states of the European Convention on Human Rights. 

16 Harold Goldmeier, “European Court of Human Rights,” Salem Press Encyclopedia, 2020. 

17 Ternovszky v. Hungary, 2010-XII Eur. Ct. H.R. (2010), http://hudoc.echr.coe.int/eng?i=001-102254.

The following word cloud analyzes the language of Ternovszky v. Hungary.