Analysis of Practice of the Echr Regarding Woman`s Right to Abortion

Abstract

This article is devoted to highlighting the content and nature of women's right to abortion and opportunities for its protection. Since this right is attributed by scientists to the fourth generation of human rights and it is relatively new, it is extremely relevant to clarify the issue of the relationship between the rights and interests of a pregnant woman and an unborn child. The authors point out the existence of an urgent problem associated with the absence in European сountries of a unified approach to determining the criteria and conditions under which abortion is considered legal. It is also necessary to pay attention to the fact that a separate article dedicated to the right to abortion is absent in the European Convention on Human Rights. Since one of the conditions of acceptability of an individual complaint is the requirement to refer to violation of only those rights that are provided and guaranteed by the ECHR. The only opportunity for women to protect their right or receive compensation for violation of the right to abortion - is appeal to the European Court of Human Rights, referring to Article 8 of the European Convention, which determines the right of everyone to respect for privacy. Thus, the right to abortion is considered through the prism of the right to privacy. The main emphasis in this article is made on the analysis of the most important decisions of the European Court of Human Rights in Affairs, where women complain about violation of their rights due to imprisonment of abortion, which led to terrible consequences. The authors clarified the relation of the ECHR to abortion and deprivation of the right of a woman on their conduct. The court has developed criteria that help determine whether there was a violation of a woman's right to respect for privacy, guaranteed by Article 8. In the article the main problems due to which women in most cases cannot implement their right in their own country properly are identified. Also, in the context of the court decisions, the difference between the ECHR positions regarding this issue and the internal legislation of some European countries, against which the complaints are most often served is analyzed. The authors draw the attention of states to the need to take into account the conclusions of the European Court and lead laws and other regulatory acts in accordance with its decisions.