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One can see this phenomenon manifest in the legal rules and related judicial decisions…
TCC in its assessment contended that the obligation to protect and improve one’s…
Regardless of the fact that TCC failed to consider that the principle of equality…
In addition to women’s autonomy, it may be useful to look into the core reasons why…
Oftentimes, women have trouble accessing to correct information regarding their bodies.…
The other biggest issue concerning reproductive rights is the highly controversial…
In the first judgment, the applicant, R.G.(85), who was eighteen years old at the time, became pregnant as a result of forced sexual intercourse. She had been repeatedly forced to have sexual relations, in other words sexually abused, by five people and under threat, ever since she was sixteen. National legislation on abortion dictates that in cases where the pregnant woman consents and there are no issues regarding her health, abortion procedures can be done up to the first ten weeks of pregnancy.
In the present case, as her pregnancy was over ten weeks, R.G. needed authorization…
TCC reasoned that the legitimate aim of such provisions was to strike a fair balance…
The other decision by TCC concerning abortion was made four years after R.G., in…
C.Ö. then applied to TCC and claimed that her right to private life and her dignity…
It should be stated that TCC’s approach to abortion does not deviate too far from…
However, both courts seem to circumvent a glaring issue in their judgments. In order…
Approaching abortion as a competing rights issue brings about the question of which…
As it stands, pregnancy is a distinctively gendered experience, opposed to the way…
Neither TCC nor ECtHR attempts to bring principle of equality or nondiscrimination…
“Because legal method traditionally proceeds by analogy and distinction, attempts at analogy between the relationship between the fetus and the pregnant woman and relations already mapped by law are ubiquitous. Had women participated equally in designing laws, we might now be trying to compare other relationships-employer and employee, partners in a business, oil in the ground, termites in a building, tumors in a body, ailing famous violinists and abducted hostages forced to sustain them-to the maternal/fetal relationship rather than the reverse. Sometimes there are no adequate analogies. As it is, the fetus has no concept of its own, but must be like something men have or are: a body part to the Left, a person to the Right. Nowhere in law is the fetus a fetus”.(96)…
Thereby, a comprehensive and gender sensitive approach is necessary. Women’s experiences…
The truth is, the practice of balancing rights or imposing restrictions on access…
