This article critically appraises the decision of
the Grand Chamber of the European Court of Human Rights
in the case of Vo v France. The
applicant, Mrs Thi-Nho Vo, argued that France had violated Art.2 of the
European Convention on Human Rights(ECHR)
by failing to provide a criminal remedy for the unintentional homicide of her
unborn child. The European Court of Human Rights rejected this argument, and in
so doing provided an interesting insight into the court’s persistent tendency
to analyse Art.2 in terms of the abortion issue. The court’s reluctance to
guide individual states in such sensitive areas as the question of when the
right to life begins is also highlighted by the Vo case. In addition to discussing the Vo case, this article examines whether a criminal conviction is
possible in this jurisdiction in relation to the homicide of a foetus in utero.