Abortion as a way of violating a woman's reproductive right: a criminal-legal view of the problem

• Published in: Юридические исследования no. 9; pp. 17 - 28
• Main Author: Burtseva, Viktoriya Vasil'evna
• Format: Journal Article
• Language: English
• Published: 01.09.2024
• ISSN: 2409-7136; 2409-7136
• DOI: 10.25136/2409-7136.2024.9.71752

Through the prism of criminal law views, the article raises issues of the concept of a woman's reproductive right and the need to recognize artificial termination of pregnancy (abortion) as a way to realize the said right of a woman, on the one hand, and a way to violate it, on the other. The object of the study is the social relations arising in relation to a woman's reproductive right and its criminal law protection. The subject of the study is the Russian modern criminal legislation, as well as scientific works reflecting the problems raised in the research. The methodological basis is the universal dialectical method of cognition. Along with it, general scientific and private scientific methods were used: dogmatic, hermeneutical, formal-logical, systemic, structural-functional, formal-legal, legal modeling, etc. The results of the study: the analysis showed that the Basic Law of the country, health care and administrative-tort legislation recognize a woman's reproductive right and positively address the issue of its protection. However, the current Russian criminal law lacks a system of norms that would effectively protect a woman's reproductive right. The lack of a systematic approach in the legal field has a negative impact on the unhindered realization of the most important right of a woman. Therefore, additional guarantees of such implementation are needed, criminal law protection can fill in the missing link of the system of Russian law in the analyzed area. The conclusion made as a result of the study: currently, there is an urgent need for legislative consolidation of special norms in which it is necessary to provide for criminal liability for various encroachments on a woman's reproductive right.