The need to re-evaluate incest in the age of assisted reproductive techniques: Stübing v Germany

Karen Dyer

Lecturer in Law University of Buckingham:

The mention of 'incest' leads to a sense of revulsion regardless of whether the context is non- consensual or true consensual incest between adults. The recent case of Stübing v Germany (App No 43547/08) is an example of this.

Patrick Stübing was born in Germany in 1976. He was removed from his mother when he was three. They had no subsequent contact until 2000 when he also met his sister for the first time. Their mother died later that year and the two siblings embarked on a consensual sexual relationship producing four children three of whom are now in care. Germany criminalises such relationships and Stübing was convicted. At the European Court of Human Rights Stübing argued that Germany had violated Article 8 of the Convention. However the Court found that Germany had acted within its margin of appreciation.

This case...

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