Abstract
An interdisciplinary approach to analysing human rights issues in regard to marginalised groups as well as the cultural roots of the stigma assigned to them; sociolegal research conducted for a better understanding of the implications of chosen abortion laws and the application of conscientious objection by healthcare providers.
States when introducing laws regarding abortion, have a certain margin of appreciation left to them and, as there is no European consensus, they highly depend on the principle of cultural relativity. Restrictive laws; however, as well as the application of conscientious objection can pose a significant barrier to the realisation of human rights of vulnerable groups. Such laws can be found discriminatory as they relate only to certain groups, such as women seeking the procedure. Moreover, by definition, vulnerable groups require additional monitoring and protection due to being especially prone to becoming a subject of a number of abuses. When faced with certain laws and policies; however, women are not equipped with adequate protection or mechanisms that would enable full enjoyment of their rights. This paper analyses the profile of vulnerable groups with a focus on women and rape victims, provides an overview of the relevance of employing an interdisciplinary, socio-legal approach with an emphasis on feminism and intersectionality, as well as discusses different human rights aspects, relevant to the discussion on restrictive abortion laws and conscientious objection. Furthermore, it provides a brief comparative analysis of laws in chosen states and focuses on situation that can be observed in Poland. Lastly, the subject of stigma and marginalisation is covered as it is closely connected to the notion of cultural relativity and application of chosen laws in states. For the purpose of the research paper, a socio-legal interdisciplinary approach has been applied to understand the complex nature of the issue and conclude that abortion should be recognised as a right as restrictive laws carry inherent risks.
States when introducing laws regarding abortion, have a certain margin of appreciation left to them and, as there is no European consensus, they highly depend on the principle of cultural relativity. Restrictive laws; however, as well as the application of conscientious objection can pose a significant barrier to the realisation of human rights of vulnerable groups. Such laws can be found discriminatory as they relate only to certain groups, such as women seeking the procedure. Moreover, by definition, vulnerable groups require additional monitoring and protection due to being especially prone to becoming a subject of a number of abuses. When faced with certain laws and policies; however, women are not equipped with adequate protection or mechanisms that would enable full enjoyment of their rights. This paper analyses the profile of vulnerable groups with a focus on women and rape victims, provides an overview of the relevance of employing an interdisciplinary, socio-legal approach with an emphasis on feminism and intersectionality, as well as discusses different human rights aspects, relevant to the discussion on restrictive abortion laws and conscientious objection. Furthermore, it provides a brief comparative analysis of laws in chosen states and focuses on situation that can be observed in Poland. Lastly, the subject of stigma and marginalisation is covered as it is closely connected to the notion of cultural relativity and application of chosen laws in states. For the purpose of the research paper, a socio-legal interdisciplinary approach has been applied to understand the complex nature of the issue and conclude that abortion should be recognised as a right as restrictive laws carry inherent risks.
| Original language | English |
|---|---|
| Article number | IN/GARI/ICWR/2022/101 |
| Pages (from-to) | 171-195 |
| Number of pages | 25 |
| Journal | GARI INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH |
| Volume | 8 |
| Issue number | 3 |
| Early online date | 30 Sept 2022 |
| Publication status | Published - 30 Sept 2022 |
| Event | GARI EUROPE MULTIDISCIPLINARY SYMPOSIUM 2022: 02 nd International Conference on Women's Right - Paris, FRANCE Duration: 3 Sept 2022 → 4 Sept 2022 https://www.globalacademicresearchinstitute.com/pastproceedings/9/Proceeding-Book-Paris-2022.pdf |
Bibliographical note
Magdalena is a Doctoral Researcher and a Teaching Fellow in Law at the School of Law, University of Aberdeen. Her areas of interest include public EU law, European human rights, and public law.Keywords
- abortion
- women's rights
- human rights
- violence against women
- vulnerable groups
- stigma
- marginalization
- conscientious objection
