Use of incest law to convict upheld

THE EUROPEAN Court of Human Rights has said Germany was entitled to use anti-incest laws to convict a man who fathered four children with his sister.

Yesterday’s ruling ends a challenge to the conviction by Patrick Stübing, who was imprisoned several times for starting a family with his sister Susan Karolewski.

Stübing was abused by his father and given up for adoption aged three. He met his biological sister, seven years his junior, for the first time in 2000 shortly before their mother died.

The two became a couple and, within five years, had four children, two of whom have physical and developmental problems. Three of the four live in care, the fourth with Ms Karolewski.

Stübing was jailed in 2005 by a Leipzig court; it declined to convict his sister as she was found to suffer from a personality disorder and was highly dependent on him.

Stübing appealed the ruling to Germany’s constitutional court and then to the human rights court in Strasbourg, claiming the ruling was an invasion of his right to privacy and have a family.

The Strasbourg court found in favour of the German state yesterday saying its anti-incest law did not violate the fundamental right to protection of family life.

The main reason for outlawing incestuous relationships was, it said, “the protection of marriage and the family”, and because it blurred family roles. It also noted “the risk of significant damage” to children of such a relationship.

Stübing’s lawyers claimed the health issue – the increased likelihood of genetic problems in children from incestuous relationships – was inconsistent as there was a greater risk, but no ban, when disabled people or older women had children.