UDC 618.39-006.024(4-672EU)
Biblid: 1451-3188, 16 (2017)
Vol. 17, No 60, pp. 29-41

Оriginal article
Received: 01 Jan 1970
Accepted: 01 Jan 1970


Mladenov Marijana (Правни факултет за привреду и правосуђе у Новом Саду), mladenovmarijana@gmail.com
Avramović Nenad (Универзитет Привредна академија у Новом Саду), avramovic.n@pravnifakultet.info

The right to abortion represents a delicate social issue that involves many legal, religious and ethical doubts. The purpose of this article is to address the modern dynamics of abortion law reform in the EU states. It also focuses on the striking expansion of international and regional human rights standards regarding the women\'s right to abortion. A special attention is paid to the analysis of the European Convention for the Protection of Human Rights and Fundamental Freedoms due to its relevance and importance for the legal systems of European countries. According to the jurisprudence of the European Court of Human Rights, the applicants in cases relating to abortion have invoked Article 2 which guarantees “right to life”, Article 8, which protects “private and family life”, and as concerns the dissemination of information on abortion, Article 10, concerning freedom of expression. The analysis of the legal systems of the EU shows that the majority of the surveyed countries allow abortion upon the woman’s request in the early weeks of pregnancy, and allow abortion under specified circumstances in later periods. The article summarizes pertinent developments within the EU states related to certain issues concerning abortion, such as women\'s rights to life and health, situations of rape, incest or fetal impairment, as well as state procedural obligations to ensure women\'s right to access legal abortion. Among 28 EU countries, the research shows that Malta, Ireland and Poland have the most restrictive abortion laws.

Keywords: abortion, human rights, the Council of Europe, the legislation of the EU Member States