ABORTION: VIOLATION OF ARTICLE 2 OF THE ECHR OR WOMEN’S EXERCISE OF THE RIGHT TO CHOOSE IN THE CONTEXT OF ARTICLE 8 OF THE ECHR

The article analyzes the concept of reproductive rights, their history of origin and consolidation. The oriented list of the rights which fill the specified concept is defined. Particular attention is paid to the right to abortion. It is emphasized that there is no single approach to legalizing abortion, which lists the countries in which such a procedure is completely prohibited and those in which it is allowed, but with certain restrictions. The negative consequences that arise due to legislative prohibitions of abortion: abortion tourism, illegal abortions have been studied. The position of the ECtHR and its recommendations to countries where abortion is prohibited to implement legislative changes in order to prevent violations of Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the fulfillment of its positive obligations regarding the aspect of the right to respect for private life, given that abortion cannot be considered a violation of the right to life of a newborn child. The problem of the legislative ban on abortion in Poland has been studied separately. There are a number of ECtHR cases against Poland in which violations of the right to respect for private life have been established, in particular in connection with the ban on abortion in case of fetal malformation. The grounds for legal abortion in accordance with current legislation are analyzed. Comments from public figures and public reaction to the assessment of the abortion ban in Poland are noted. Emphasis is placed on Poland's disregard for the ECtHR's recommendations on the need to relax restrictions on abortion, which are regulated by their national legislation, which hinders the provision of guarantees of human rights enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms.