Abortion in the Jurisprudence of the US Supreme Court Cover Image

Aborcja w orzecznictwie Sądu Najwyższego USA
Abortion in the Jurisprudence of the US Supreme Court

Author(s): Anna Demenko
Subject(s): Gender Studies, Criminal Law, Human Rights and Humanitarian Law, Health and medicine and law
Published by: Polska Akademia Umiejętności / Krakowski Instytut Prawa Karnego Fundacja
Keywords: abortion; criminal law; human rights; the jurisprudence of US Supreme Court; protection of life; the jurisprudence of ECHR;

Summary/Abstract: The paper presents the analysis of the jurisprudence of the US Supreme Court in cases concerning criminalization and admissibility of abortion which fundamentally influences the law in force concerning abortion in the US. In particular, attention is given to arguments stated by individual judges and justification of their judgments. The paper confronts conclusions from reading the justifications of the decisions of the US Supreme Court and the accompanying opinions of scholars with the only Polish decision in this respect that has been published so far, i.e. the judgment of the Constitutional Tribunal of May 28, 1997, as well as with numerous judgments of the European Court of Human Rights (ECHR). In the conclusion, it is argued that there are certain important similarities between the Strasbourg and the American approach to the rationale behind a legal intervention in the procedure of terminating a pregnancy, while significant differences in the approach to available methods and purpose of imposing restrictions on abortion remains.

  • Issue Year: 24/2020
  • Issue No: 4
  • Page Range: 5-23
  • Page Count: 19
  • Language: Polish