MARGEM NACIONAL DE APRECIAÇÃO E DIREITO AO ABORTO NA CORTE EUROPEIA DE DIREITOS HUMANOS:
O PRINCÍPIO DA PROPORCIONALIDADE COMO ALTERNATIVA À PROTEÇÃO DOS DIREITOS DAS MULHERES GESTANTES
Abstract
The research aims to examine the case A, B and C v. Ireland, in order to understand how the application of the theory of the national margin of appreciation to the detriment of the principle of proportionality operated. The issue seeks to identify whether, at the time of the judgment of the case analyzed, proportionality could not have been used as an instrument capable of recognizing the existence of the right to abortion, as the discussion directly or indirectly involved the prominence of other human rights related to issues of gender. The justification is related to the understanding that the construction of Human Rights and the valorization of women are constantly being improved, so much so that at the time of the judgment of the analyzed case, the Millennium Development Goal (MDG) n. 5 translated into an international initiative aimed at valuing women in the international scenario. The approach method used is the deductive one, based on documents and bibliographies, aiming to build a descriptive and exploratory study.
KEYWORDS: Abortion in Ireland; European Court of Human Rights; National Margin of Appreciation; Proportionality; Human rights.
I (we), below signed, transfer all the Copyright rights of the article entitled (title) to the UFMS LAW REVIEW – UFMSLR.
I (we) declare that the paper is original and that it is not being considered for the publication in another journal, be it in electronic or printed format.
I (we) have complete knowledge the journal reserves the right to effectuate alterations of normative, orthographic and grammatical order in the originals, with the objective to maintain the cult pattern of the language, respecting, however, the authors’ style and that the originals will not be returned to the authors.