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The European Court of Human Rights ( Second Section), sitting on 8 September 2009 as a Chamber composed of:
Françoise Tulkens, President, Ireneu Cabral Barreto, Vladimiro Zagrebelsky, Danutė Jočienė, Dragoljub Popović, András Sajó, Nona Tsotsoria, judges,
The applicant, Ms J.P., is a Hungarian national who was born in 1978 and lives in Budapest. The respondent Government are represented by Mr L. Höltzl, Agent, Ministry of Justice and Law Enforcement.
On 4 October 2007 the applicant, who was then pregnant, was sentenced to 30 days’ confinement after her conviction in regulatory offence proceedings for having committed prostitution. The applicant wished to terminate her pregnancy. She considered that her hopeless financial situation and the fact that, as a prostitute, she could not know the identity of the father represented a situation amounting to a serious crisis within the meaning of section 5(2) of Act no. 79 of 1992 on the Protection of Foetal Life, which entitled her to an abortion.
After the commencement of her prison term at Pálhalma Prison on 5 October, the applicant was subjected to a medical examination on 8 October 2007 and found ten weeks pregnant. She was informed that, in principle, in order to undergo abortion in a civilian institution, she needed to request the interruption of the execution of her sentence, which she did on 9 October. Her request was faxed to the Gödöllő District Court on 10 October.
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