Naslov
THOMAS E. DOBBS, M.D., M.P.H., IN HIS OFFICIAL CAPACITYAS STATE HEALTH OFFICER OF THE MISSISSIPPI DEPARTMENTOF HEALTH, ET AL.,Petitioners,v.JACKSON WOMEN’S HEALTH ORGANIZATION, ON BEHALF ITSELF AND ITS PATIENTS, ET AL.,Respondents

Autori
Savić, Vanja-Ivan, with other International Scholars.

Izvornik
BRIEF AMICI CURIAE OF INTERNATIONALLEGAL SCHOLARS

Vrsta, podvrsta
Ostale vrste radova, ekspertiza

Godina
2021

Ključne riječi
Brief, US Supreme Court, Law, Abortion, International Law, Comparative Law

Sažetak
The Mississippi Gestational Age Act’s restriction on elective abortion after 15 weeks gestation is consistent with the general practice of States that allow abortion on demand. It must be emphasized that the majority of countries do not allow abortion on demand. With regard to countries where the practice is allowed, the majority prohibit abortion on demand after 12 weeks gestational age, regardless of viability considerations. The United States is in a small minority of seven out of 193 countries that allow abortion on demand after 20 weeks gestation. In fact, at 15 weeks, the Mississippi gestational limit is more permissive than many European countries with liberal abortion laws. No international right to abortion is recognized in any international treaty or international expression of political will. In fact, the United States has many times joined other States in rejecting the existence of a right to abortion in international fora. This position is affirmed by consistent State practice across all regions. States continue to assert their sovereign prerogative to protect unborn life, and there thus has been no emergence of a customary right to abortion. No international court has ever declared the existence of an international right to abortion either, even in the regions with the most permissive abortion regimes. On the other hand, international provisions protecting the unborn child’s right to life can be found in human rights instruments signed by the United States, including the Convention on the Rights of the Child, the International Covenant on Civil and Political Rights, and the American Convention on Human Rights, which recognizes every person’s right to life, in general, from the moment of conception, not viability. In accordance with the letter and spirit of international law, States have both the prerogative and a strong interest in limiting access to abortion.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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