The Committee of Ministers,
Having regard to Article 32 (art. 32) of the European Convention for
the Protection of Human Rights and Fundamental Freedoms (hereinafter
referred to as the "convention");
Having regard to the report drawn up by the European Commission of
Human Rights in accordance with Article 31 (art. 31) of the convention
relating to the application lodged by Mrs Brüggemann and Mrs Scheuten
against the Federal Republic of Germany (Application No. 6959/75);
Whereas on 14 October 1977 the Commission transmitted the said report
to the Committee of Ministers and whereas the period of three months
provided for in Article 32, paragraph 1 (art. 32-1) of the convention
has elapsed without the case having been brought before the European
Court of Human Rights in pursuance of Article 48 (art. 48) of the
convention;
Whereas in the applications introduced on 24 March and 27 May 1975 the
applicants mainly allege violations of Article 8 (art. 8) of the
convention in that they are not free to have an abortion carried out
in case of an unwanted pregnancy, of Article 9 (art. 9) of the
convention in that the judgment of the Federal Constitutional Court of
25 February 1975 was based on religious grounds, as well as of
Articles 9 and 11 (art. 9, art. 11) of the convention on the grounds
that the Constitutional Court interfered with the separation of
powers, of Articles 14, 17 and 18 (art. 14, art. 17, art. 18) of
the convention and for one of them of Article 12 (art. 12) of the
convention;
Whereas the Commission in its decision of 19 May 1976 on the
admissibility found the application raised issues under Article 8
(art. 8) of the convention but did not find it necessary to decide
upon further allegations;
Whereas the Commission in its report adopted on 12 July 1977
considered that not every regulation of the termination of unwanted
pregnancy constitutes an interference with the right to respect for
the private life of the mother, in that Article 8, paragraph 1
(art. 8-1) could not be interpreted as meaning that pregnancy and its
termination are, as a principle, solely a matter of the private life
of the mother; and that therefore the Commission, in its report,
concluded that the legal rules in force in German law since the
judgments of the Federal Constitutional Court of 25 February 1975,
about which the applicants complain, do not interfere with their right
to respect for their private life;
Whereas in its report the Commission expressed the opinion that the
present case does not disclose a breach of Article 8 (art. 8) of the
convention;
Agreeing with the opinion expressed by the Commission in accordance
with Article 31, paragraph 1 (art. 31-1) of the convention;
Voting in accordance with the provisions of Article 32, paragraph 1
(art. 32-1) of the convention,
Decides that in this case there has been no violation of the
Convention for the Protection of Human Rights and Fundamental
Freedoms.