Reproductive Health Ethics and the Principles of Margin of Appreciation and Consensus in the European Court of Human Rights

Document Type : Original Article

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Public Law, Faculty of Law, King Abdulaziz University

Abstract

Reproductive interventions and technologies can generate significant societal concern, and lead to hostile responses based on many ethical concerns. This research confirms that this currently passes without review by the European Court of Human Rights, which allows a margin of appreciation for each country, in a way that reduces restrictions in the scope of reproductive rights (such as abortion and medically assisted reproduction), in favor of the right to respect for individuals' private lives. According to Article (8) of the European Convention on Human Rights. This research illustrates the important problems in framing the European Court of Human Rights, and clarifying those problems in its jurisprudential views on reproductive health in general. The research concludes that, with regard to current and upcoming reproductive interventions and technologies, the Court should pay attention to the concept of reproductive health, which has long been recognized in various international treaties and covenants.

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