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The protection of sexual and reproductive health in European human rights law: perspectives from the Council of Europe

The protection of sexual and reproductive health in European human rights law: perspectives from the Council of Europe
The protection of sexual and reproductive health in European human rights law: perspectives from the Council of Europe
The recent recognition of a ‘right to sexual and reproductive health’ in human rights law and the volatility of national legal safeguards on such issues (as highlighted by recent events in Europe), call for a discussion on how sexual and reproductive health is currently protected in European human rights law. This article will thus, explore whether and how human rights bodies of the Council of Europe protect individuals’ sexual and reproductive health through their monitoring procedures. It will analyse the case-law of the European Court of Human Rights and that of the European Committee of Social Rights since 2000, to finally conclude whether or not these indirectly enable the recognition of a right to sexual and reproductive health in the future of the Council of Europe.
sexual and reproductive health, Human Rights, Right to health, council of europe, European Court of Human Rights, European Committee of Social Rights
1357-0374
1-121
Lougarre, Claire
74b808d2-6b74-4793-a927-3b84da3a3ae4
Lougarre, Claire
74b808d2-6b74-4793-a927-3b84da3a3ae4

Lougarre, Claire (2018) The protection of sexual and reproductive health in European human rights law: perspectives from the Council of Europe. Contemporary Issues in Law, 14 (4), 1-121, [CIL 249-276].

Record type: Article

Abstract

The recent recognition of a ‘right to sexual and reproductive health’ in human rights law and the volatility of national legal safeguards on such issues (as highlighted by recent events in Europe), call for a discussion on how sexual and reproductive health is currently protected in European human rights law. This article will thus, explore whether and how human rights bodies of the Council of Europe protect individuals’ sexual and reproductive health through their monitoring procedures. It will analyse the case-law of the European Court of Human Rights and that of the European Committee of Social Rights since 2000, to finally conclude whether or not these indirectly enable the recognition of a right to sexual and reproductive health in the future of the Council of Europe.

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Submitted date: 14 February 2018
Accepted/In Press date: 5 July 2018
Published date: 3 December 2018
Keywords: sexual and reproductive health, Human Rights, Right to health, council of europe, European Court of Human Rights, European Committee of Social Rights

Identifiers

Local EPrints ID: 422535
URI: http://eprints.soton.ac.uk/id/eprint/422535
ISSN: 1357-0374
PURE UUID: e988427f-216f-4396-9d16-7fe8a2d38755

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Date deposited: 25 Jul 2018 16:30
Last modified: 29 Oct 2023 05:57

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Contributors

Author: Claire Lougarre

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