Article title Illegal Abortion: Criminal Law Qualification and Court Practice
Name of magazine Scientific-practical journal
«Medical Law» Ukrainian language
Issue 2/2014
Сторінки [18-27]
Annotation The mechanism of realization of the right to abortion is elucidated. The issue, connected with this legal realization is highlighted, in particular the moment of appearance of such ability. Attention is paid to the case-law of the European Court of Human Rights; legal opinions of the Court are analyzed in the context of this problem. Certain issues, connected with the structure of right to abortion are clarified, in particular procedure of conducting pre-abortion consulting, role and importance of person’s consent to abortion. The issue of criminal law measures as well as guarantees of the right to health in the structural segment of the right to abortion is analyzed. Composition of a crime “Illegal abortion” as it is foreseen by article 134 of Criminal Code of Ukraine is characterized. Criteria of lawfulness of an abortion are elucidated and conditions under which an abortion is considered illegal are analyzed. A distinction between qualifying an action as a murder or abortion is provided, as well as certain factors, which are important for correct defining of a crime composition are specified. A research is supported by examples from legal practice in the aspect of the right to abortion realization.
Keywords right to life, illegal abortion, abortion, life, court, pregnant woman.