Consentement et questions de bioéthique en droit comparé : un regard sur la jurisprudence de la Cour européenne des droits de l’homme concernant les droits sexuels et reproductifs.

Over the last twenty years, the European Court of Human Rights has handed down rulings in an increasing number of cases relating to bioethics. Faced with complex and sensitive issues on which there is a plurality of convictions between States, and even within each State, the Strasbourg Court has not hesitated to mobilise the doctrine of the national margin of appreciation, when the solution might prove to be a source of considerable controversy. Nevertheless, the Court has gradually built up a body of law dealing with questions relating to the use of the human body, or its derivatives, where the issue of consent was a decisive part of the case. The objective of this contribution is to present an initial reflection on the role of consent in the interpretation and application of the rights enshrined in the European Convention on Human Rights, with a particular focus on the domain of sexual and reproductive rights.