Thi Nho Vo (N) went to hospital 6 months in her pregnancy, Mrs Thi Thanh Van Vo(T) (Another women) was going to have her contraceptive coil remove. When the doctor called for Mrs. Vo, N went instead of T, N had difficulty knowing French, the doctor tried to remove the coil piercing the amniotic sac leading to the fluid to be lost resulting in the pregnancy to fail. Dec 5th Fetus was terminated on health grounds. Dec 11, 1991 applied a criminal complaint for unintentional injuries to N making her not work for 3 months, and unintentional homicide of her child
5 years later in 1996, the doctor was acquitted with amnesty, but on appeal, he was found guilty. In 1999, court of cassation reversed the appeal, Thi Nho Vo then applied article 2 for the death of her unborn child. Argued the absence of legislation for these cases allowed for the violation of article 2. France and other authorities argued that the unborn child war not "alive" therefore she could only apply for domestic remedies