Testing the margin of appreciation: therapeutic abortion, reproductive rights and the intriguing case of Tysiąc v. Poland

Priaulx, Nicolette Michelle ORCID: https://orcid.org/0000-0002-4210-1980 2008. Testing the margin of appreciation: therapeutic abortion, reproductive rights and the intriguing case of Tysiąc v. Poland. European Journal of Health Law 15 (4) , pp. 361-379. 10.1163/157180908X378382

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Abstract

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.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Schools > Law
Subjects:	K Law > K Law (General) R Medicine > R Medicine (General) R Medicine > RG Gynecology and obstetrics
Uncontrolled Keywords:	Abortion ; Therapeutic abortion ; ECtHR ; Article 8
Publisher:	Brill
ISSN:	0929-0273
Last Modified:	06 May 2023 02:13
URI:	https://orca.cardiff.ac.uk/id/eprint/19991

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