În numele copilului sau al femeii? Al cui drept la viaţă valorează mai mult?
In the name of the child or in the name of the woman?Whose right to life is worth more?

Summary/Abstract: The fundamental right to life is regulated both at national and international level. Human rights and in particular the right to life to privacy, to family life are not absent from the family law landscape. Obviously, in a different register, just as the war over LGBT people’s right to marry has split the world in two, so the discussions about abortion rights are creating social, political, religious and moral effervescence. The right to abortion is a real issue that brings morality, the child’s right to life, the right to privacy and self determination, autonomy and bodily integrity of women into collision. Thirty five years after the adoption of the Convention on the Rights of the Child, from the perspective of the child’s right to life, enshrined in Article 6 (States Parties recognize the right to life of every child), we are once again looking at the controversial status of the unborn child (the fetus), which is protected only within certain limits. In essence, the right to abortion generates a discussion about the right to life. Are we capable of deciding between the fetus’ right to life and the woman’s right to autonomy and to choose when she becomes a mother? The pro life and pro choice movements have been fighting for decades, and nowadays politics amplifies these controversies. Taking the US Supreme Court’s Dobbs decision of 2022, which overturned the 1973 Roe v. Wade decision’s decriminalization of abortion, as our starting point, and the introduction of the right to abortion in the French Constitution, we will analyze how abortion is viewed in our country, as well as in other states, without omitting to examine the case law of the ECHR and the CJEU.

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