Right to abortion: a new fundamental right? From a resolution to an EU fundamental right

dc.contributor.advisor Albers, Eva
dc.contributor.author Schulz, Anna Maria
dc.date.accessioned 2023-10-17T09:17:38Z
dc.date.available 2023-10-17T09:17:38Z
dc.date.issued 2023
dc.description Second semester University: KU Leuven
dc.description.abstract In reaction to the U.S. Supreme Court decision to overturn Roe vs. Wade in 2022, the EU Parliament calls in its resolution P9_TA(2022)0302 for the right to abortion to be included in the EU Charter of Fundamental Rights. This work analyses the quality of the proposal by the EU Parliament against criteria set up by Philipp Alston. This thesis also investigates why abortion is still regarded as a sensitive issue today, before it illustrates how the ECJ and ECtHR have dealt with abortion in the past, citing and summarizing the most important case law on the matter. The analysis of the case law is subject matter in numerous Articles in academic literature – but whether the EU resolution P9_TA(2022)0302 offers a potential solution has not been assessed. In order to answer this question, this thesis uses the doctrinal research method, focusing on EU primary law, the case law of the ECJ and the ECtHR, the forementioned EU resolution and related academic literature. Finally, it will be concluded that the right to abortion does in fact fulfill most of the criteria for setting up a new EU fundamental right. However, the specific proposal by the EU Parliament is unlikely to meet broad approval by EU Member States. Moreover, the EU currently lacks competence to enshrine the right to abortion into the Charter of Fundamental Rights. Ultimately, it is concluded that the resolution is more of a symbolic gesture than a proposal which can be actually implemented in practice.
dc.identifier.uri https://repository.gchumanrights.org/handle/20.500.11825/2693
dc.identifier.uri http://dx.doi.org/10.25330/2613
dc.language.iso en
dc.relation.ispartofseries Global Campus Europe (EMA) theses 2022/2023
dc.subject abortion
dc.subject European Union
dc.subject Charter of Fundamental Rights of the European Union
dc.subject fundamental rights
dc.subject human rights
dc.subject Court of Justice of the European Union
dc.subject European Court of Human Rights
dc.title Right to abortion: a new fundamental right? From a resolution to an EU fundamental right
dc.type Thesis
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