Aspecte juridice ale provocării ilegale a avortului în contextul dreptului la viaţă [Articol]

Abstract

Abortion remains a sensitive subject regardless of society, and the illegal inducement of abortion carries even greater legal and ethical implications, positioned at the intersection of criminal law, fundamental human rights, and medical ethics. The legal regulation of this phenomenon varies across jurisdictions; however, its legal essence remains unchanged—the protection of the right to life, women's health, and their reproductive autonomy. From a criminal law perspective, the act of illegally inducing an abortion is subject to criminal liability in most legal systems, whether performed with or without the pregnant woman's consent, or under circumstances that endanger her health or life. A key element in the legal assessment of this offense is the moment when intrauterine life begins to receive legal protection, which differs from one jurisdiction to another. Relevant case law, including the jurisprudence of the European Court of Human Rights (ECtHR), emphasizes that the right to life of the unborn child is not absolute, and states have a margin of appreciation in regulating abortion. A critical analysis of the balance between fetal protection and women's rights, particularly concerning abortion laws, is essential in this context.