Право на штучне переривання вагітності: окремі аспекти та новели регулювання

Today, in the context of the development of human reproductive rights, one of the most progressive aspects is the right to free reproductive choice. In its content, the right to free reproductive choice is the right of a person to freely make decisions regarding their reproductive health. Free reproductive choice also includes the right to abortion, which belongs to one of the reproductive rights of a woman. In recent years, the right to abortion has been the subject of numerous studies, in particular in the context of its correlation with the fundamental human right to life. However, the debatability of this topic remains relevant, given the regularity of calls in society for the need to ban abortions at the legislative level. The relevance of further research into individual aspects of the right to abortion is due, among other things, to a certain uncertainty in legal regulation. In the practice of states, there are different approaches to regulating the above-mentioned right, the classification of which, among other things, will be considered in the main content of the study. In addition, most often the right to abortion is considered against the background of the general issues of human rights, without taking into account its specific features. However, when analyzing the content of the right to abortion, it is necessary to perceive it, first of all, as a complex anthropological and even axiological phenomenon, which affects such institutions as family, motherhood, fatherhood, self-determination, etc. Very often, discussions around this topic neglect the social, ethical, psychological, economic determinants of this right. Accordingly, the argumentation regarding the legal regulation of the right to abortion is reduced to purely legal aspects, or is highlighted through the prism of exclusively medical indications. While the right to abortion, in particular its issues, is determined by a much wider range of factors than those that are taken into account. It is also worth considering the role of a woman’s right to self-determination, which in one way or another affects the interpretation and understanding of the right to abortion. Therefore, the establishment of effective legal regulation of the right to abortion is impossible without taking into account all the influencing factors and all its sensitive aspects, which will become the subject of our study.