A functionalist attitude towards “free abortion” with emphasis on the procedure of the European Court of Human Rights

Hosseini, Seyed Mohammad; Rahaee, Saeed

doi:10.22096/hr.2023.529256.1311

A functionalist attitude towards “free abortion” with emphasis on the procedure of the European Court of Human Rights

Document Type : Research Article

Authors

Seyed Mohammad Hosseini ¹

Saeed Rahaee ²

¹ Ph.D. Student of International law, Mofid University, Qom, Iran.

² Assistant Professor, Faculty of International Law, Mofid University, Qom, Iran.

10.22096/hr.2023.529256.1311

Abstract

The present article is based on the analysis of the cases of the European Court of Human Rights and an impartial study of the functions and positive and negative effects of free abortion -with minimal restrictions- regardless of the moral, Philosophical or religious basis; to find out which of the two perspectives on the widespread limitation of abortion, or its widespread licensing, can be most beneficial in practice for the family or society as a whole.
The present article is based on the analysis of the cases of the European Court of Human Rights and an impartial study of the functions and positive and negative effects of free abortion -with minimal restrictions- regardless of the moral, Philosophical or religious basis; to find out which of the two perspectives on the widespread limitation of abortion, or its widespread licensing, can be most beneficial in practice for the family or society as a whole.
This study first shed light on the European Court of Human Rights' approach to abortion, and under two headings, in an analytical and functionalist manner, enumerates the positive and negative effects of abortion on society. Gender-based abortions, abortion and the exploitation of women, tourism and the abortion industry are just a few of the abusive functions of the free abortion in society that have even gradually reduced the European Court of Human Rights' practice to restricting abortion laws; in conflict with the mother's wishes, the life of the fetus, the rights of the potential father, and other factors, the European Court of Human Rights has preferred a balance between all the interests involved rather than the wishes of the mother.

Keywords

European Court of Human Rights

Right to Life of the Fetus

Privacy

Right to life of the Pregnant Woman

Social Function of Abortion

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