Testing the Margin of Appreciation: Therapeutic Abortion, Reproductive Rights and the Intriguing Case of Tysiąc v. Poland

Posted: 8 Sep 2009

See all articles by Nicolette M. Priaulx

Nicolette M. Priaulx

Cardiff University; Cardiff University - Cardiff Law School

Date Written: September 7, 2009

Abstract

In Tysiac v. Poland (2007) the Strasbourg Court ruled in favour of the applicant (who had been denied access to a lawful therapeutic abortion), finding that Poland had failed to comply with its positive obligations to safeguard the applicant's right to effective respect for her private life under Article 8. Exploring this controversial judgment, the author assesses the claim that Tysiac marks a 'radical shift' on the part of the Court in creating a 'right to abortion'. The author argues that while Tysiac makes an important addition to abortion jurisprudence, the notion it founds such a 'right' greatly overstates the legal significance of this case.

Keywords: abortion, therapeutic abortion, ECtHR, Article 8

JEL Classification: L10, L18, K10, K19, K30

Suggested Citation

Priaulx, Nicolette M., Testing the Margin of Appreciation: Therapeutic Abortion, Reproductive Rights and the Intriguing Case of Tysiąc v. Poland (September 7, 2009). Available at SSRN: https://ssrn.com/abstract=1469456

Nicolette M. Priaulx (Contact Author)

Cardiff University ( email )

PO Box 427
Cardiff, Wales CF10 3AX
United Kingdom

Cardiff University - Cardiff Law School ( email )

PO Box 427
Cardiff, Wales CF10 3AX
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Abstract Views
803
PlumX Metrics