Rewriting Reproductive Rights: Applying Feminist Methodology to the European Court of Human Rights' Abortion Jurisprudence
DOI:
https://doi.org/10.22024/UniKent/03/fal.345Keywords:
abortion law, reproductive autonomy, legal reform, adjudication, feminist judgments, European Court of Human RightsAbstract
This article adopts feminist methodology to demonstrate how women’s rights and reproductive freedom can be enhanced at the judicial level: a process that can lead to legal reform. The practice of feminist judgment-writing is central in achieving this objective. Recently, feminist scholars and practitioners have come together to rewrite landmark judgments concerning women’s rights. Examples of these efforts can be found in the Women’s Court of Canada and the UK Feminist Judgments Project. Drawing from these reformative experiences, the article rewrites two abortion judgments of the European Court of Human Rights: A, B and C v Ireland and P and S v Poland. These revisions emphasise the necessity for alternate accounts of women’s rights in the courtroom.
Published
11-03-2017
How to Cite
Sauls Avolio, V. (2017). Rewriting Reproductive Rights: Applying Feminist Methodology to the European Court of Human Rights’ Abortion Jurisprudence. Feminists@law, 6(2). https://doi.org/10.22024/UniKent/03/fal.345
Issue
Section
Articles
License
Authors who publish with this journal agree to the following terms:- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work for any purposs with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
