Abortion and the right to life: A case study of South Africa and Germany
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Date
2016
Authors
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Journal ISSN
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Publisher
University of the Western Cape
Abstract
The issue of abortion and the protection of the right to life have been discussed by many academics,
yet remains an unresolved topic in many countries. The mere fact that abortion is the deliberate
termination of a human pregnancy raises the question, whether or not such an act violates the right to
life. Abortion has been legalised in South Africa and Germany. This study explores the area of
abortion vis a viz the obligation of South Africa and German under the international and regional
human rights instruments to protect the right to life. Notably, the right to life is protected under a
plethora of international and regional human rights instruments. At international level, the right to
life is protected under Article 3 of the Universal declaration of Human Rights and Article 6 of the
International Covenant on Civil and Political Rights. At regional level of the right to life is protected
by Article 2 of the European Convention on Human Rights and Article 4 of the African Charter on
Human and Peoples� Rights. To give a broad understanding of the meaning, nature and content of the
right to life, this mini-thesis shall critically analyse the words used under the above Articles which
protect the right to life. Then the paper will endeavour on its main objective which is to determine
whether or not the legalisation of Abortion in South Africa and Germany violates the right to life?
Description
Magister Legum - LLM (Public Law and Jurisprudence)
Keywords
Abortion, Arbitrary Deprivation of Life, Highest attainable Standard in Health, Human Being, Liberty, Non-Discrimination, Prenatal Protection of Life, Privacy, Right to Information, Right to life