Access to Abortion in Cases of Fatal Fetal Abnormality: A New Direction for the European Court of Human Rights?
31 Pages Posted: 12 Mar 2018 Last revised: 23 Jun 2018
Date Written: March 12, 2018
In contrast to the UN Human Rights Committee (HRComm), the European Court of Human Rights (ECtHR) has not yet found that a prohibition of abortion in cases of fatal fetal abnormality (FFA) violates the prohibition of torture or inhuman and degrading treatment (Art 3 ECHR). We argue that the ECtHR is on the verge of aligning itself with the HRComm because (i) recent ECtHR jurisprudence on abortion rights is broadening; (ii) the ECtHR frequently uses international law as an interpretative tool; and (iii) moving in the direction of the HRComm would not be as controversial as it may have been in the past.
Keywords: abortion, fatal fetal abnormality, human rights, fragmentation, cross-fertilization, judicial dialogue, European Court of Human Rights, Human Rights Committee.
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