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Protection of Human Life in Its Early Stage

Intellectual Foundations and Legal Means


Edited By Alexander Stepkowski

The book consists of thirteen studies examining different aspects of human life protection in the early stage of its development. The contributions are arranged in three parts. Part I focuses on theoretical problems and examines the main issues of contemporary jurisprudence. The foundation of human rights, different approaches to sovereignty, the relation between law and science, the legitimacy of judicial power, and the nature of legal authority are discussed. Part II presents the issues within the national contexts of the USA, Germany, Austria and Poland. In a wider perspective, Part III examines the issue of the protection of human life in the prenatal phase on three different levels: within the EU, within the European Court of Human Rights case law and the UN system.
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Abortion and the European Convention on Human Rights



Grégor Puppinck**

I – Introduction

The purpose of this article is to present in an objective, complete and coherent manner the status of abortion1 under the European Convention on Human Rights (hereinafter the Convention). In recent years, the European Court of Human Rights (hereinafter the Court or ECHR) has ruled on a number of cases related to abortion. These rulings provide a sufficient corpus of jurisprudence which may be analysed in a consistent manner. A number of analysts, on both sides of the abortion debate, are not satisfied with this case-law. It is often said that it is hard to find coherency in the case-law of the Court when it touches upon sensitive matters. This article aims not to discuss each ruling of the Court, but to try to find the coherency of the jurisprudence of the Court, and in doing so, to present a reasoned legal account of abortion under the Convention.

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