Does the English Law on Abortion Affront Human Dignity?

Area of Science:

• Law and Ethics
• Bioethics
• Human Rights Law

Background:

• Current English abortion law lacks a comprehensive ethical framework.
• Existing legal interpretations may not fully address patient dignity.
• Article 8 of the European Convention on Human Rights (ECHR) mandates respect for private life.

Purpose of the Study:

• To analyze English abortion law through the lens of human dignity.
• To propose a dignity-based framework for evaluating abortion law.
• To assess the compatibility of this framework with Article 8 ECHR.

Main Methods:

• Analysis of English abortion law.
• Application of a dignity principle with four facets: embodiment, relationality, story, and a transactional approach.
• Comparative legal and ethical analysis.

Main Results:

• A dignity-based approach provides more nuanced, humane, intellectually, and pastorally satisfactory answers.
• This framework moves beyond an atomistic view of interests to a relational and contextual understanding.
• The dignity-based approach is compatible with Article 8 ECHR.

Conclusions:

• The principle of dignity offers a superior framework for English abortion law.
• This approach enhances ethical considerations and aligns with human rights.
• Reforming abortion law through a dignity lens is recommended for better legal and ethical outcomes.