engleski

Taking the Right to Abortion in Croatia Seriously – One of the Basic Constitutional Rights or a Rudiment of the Right to Reproduction?

The author attempts to rationalize what the Croatian policy towards abortion should be by looking to a variety of sources. By looking to the constitutional background of the abortion issue, the author surveys what legal tradition Croatia has, if any, regarding reproductive rights. Bearing in mind these circumstances, a comparative legal analysis presents a suitable method for proposing a solution for abortion issues in Croatia. In Part I, the international legal sources have been compared and the precedent set forth by the highest judicial bodies have been analysed in the Federal Republic of Germany and the United States. Further on, the author gives a look at other European countries’ law regarding abortion. Additionally, the author discusses the legal nature of abortion in Croatia, and ultimately, presents the abortion issue as a battle of compelling state interests: the rights of a mother vis a vis the rights of the unborn. In Part II, the Law of 1978 has been analyzed in further detail. In Part III, statistical data on abortion performance have been presented in Croatia in the last twenty years, calling into question the need to amend the 1978 Law. Determining what policy Croatia should have towards abortion the author compares different researches on public opinion on abortion with the results of author's research on Faculty of Law students' attitudes towards the abortion.

right to abortion; abortion incidence; public attitudes; Croatia

nije evidentirano