CEU Electronic Theses and Dissertations, 2022
| Author | Dewulf, Stephanie |
|---|---|
| Title | The Clash on Abortion Rights within Malta and Poland: is Article 3 the Secret Weapon to establish a Right to Abortion? |
| Summary | The thesis focuses on the precarious balance between women's right to self-determination concerning abortion and the State's protection of its societal morals and the rights and freedoms of others. It aims to determine whether Article 3 of the European Convention of Human Rights offers a pathway toward establishing the right to abortion within European. Specifically, it searches for an answer to the following question: “How can the Court address the restriction of legal abortion as a violation of Article 3 of the European Convention on Human Rights under the meaning of degrading treatment?”. The hypothesis assumes that the Court will only see an Article 3 violation on the restriction of access to legal abortion when the human dignity of the applicant is infringed. The research comprises a literature review on human dignity, Article 8 of the ECHR, the prohibition of ill-treatment, and the domestic abortion legislation in Malta and Poland. Followed by a comparative study of abortion cases on the grounds of ill- treatment by the European Court of Human Rights and the Human Rights Committee. Finally, the study concludes that the Court could address the restriction by focusing on the self-determination and human dignity of the woman and adopting the Human Rights Committee's method. |
| Supervisor | Polgári, Eszter |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2022/dewulf_stephanie.pdf |
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