In Tysiac v. Poland (2007) the Strasbourg Court ruled in favour of the applicant (who had been denied access to a lawful therapeutic abortion), finding that Poland had failed to comply with its positive obligations to safeguard the applicant's right to effective respect for her private life under Article 8. Exploring this controversial judgment, the author assesses the claim that Tysiac marks a 'radical shift' on the part of the Court in creating a 'right to abortion'. The author argues that while Tysiac makes an important addition to abortion jurisprudence, the notion it founds such a 'right' greatly overstates the legal significance of this case.
Women in the Irish Republic will have to be given the means to access legal abortions there if their lives are at risk, the European Court of Human Rights has ruled in a landmark judgment. The ruling, by the grand chamber of the Strasbourg court, can not be appealed and will require Ireland to legislate or otherwise set up a framework to decide whether there is a “real and substantial risk” to a woman’s life if she goes ahead with her pregnancy. The court held that the human rights of a woman with a rare cancer were violated when she was obliged to travel to the United Kingdom for an abortion and awarded her €15 000 (£12 700; $19 800) in compensation.
In the case of V.C. v. Slovakia the Court found a violation of the prohibition of inhuman or degrading treatment and of the right to respect for private and family life concerning the sterilisation of a young Slovakian woman of Roma origin.
This paper evaluates the role being adopted by the European Court of Human Rights when confronted with claims arising from the extreme restriction of access to abortion services in certain Member States. It will be argued that in response to such claims the Court has been prepared to find that the suffering of the applicants can be captured as forms of rights violation, but it has sought to avoid taking a stance as to foetal life, leading it to adopt a highly deferential approach and to avoid the substantive issues at stake, of protection for female reproductive health, dignity and autonomy, in favour of focusing mainly on procedural ones. Having considered such issues as the missing gender-based aspects of the abortion jurisprudence, this paper concludes that its restrained and largely procedural stance has enabled the Court to provide some limited protection for women, on healthcare grounds, but that the opportunity to recognise that highly restrictive abortion regimes systematica...