Judgment concerning Spain
26/06/25
In the case of S.O. v. Spain the Court held that there had been a violation of the right to respect for private and family life.
The case concerned the removal of the applicant’s nipple and areola, allegedly carried out without her consent, during an operation to save her breasts from cancer, and subsequent court proceedings.
The Court found that the Spanish authorities had failed to examine whether the doctors had informed her of the specific possibility of the nipple and areola being removed. The Spanish authorities had not responded adequately to the applicant’s claim concerning the absence of valid informed consent. They had failed to implement the existing legal framework correctly and sufficiently to protect her autonomy.