Analysing the extent to which sexual and reproductive rights fall within the ambit of human rights law

Abstract

The protection of sexual and reproductive rights touches upon core and deeply personal aspects of human life. Securing these rights for women, the LGTBIQ community, and other minority groups is vital for advancing gender equality, promoting identity and sexual expression, and fostering societal progress and collective well-being. In light of recent efforts to undermine these protections, it is crucial to reaffirm and strengthen the commitment to safeguarding these rights, ensuring alignment with legal standards and international human rights obligations. This dissertation is intended to analyse the legal framework surrounding sexual and reproductive rights by assessing the degree of protection afforded to the aforementioned minority groups. It will evaluate the robustness and effectiveness of these rights within the European legal context. Additionally, the study will consider diverse cultural perspectives both within Europe and globally to comprehensively understand the application and enforcement of these rights in practical scenarios. Furthermore, this study seeks to contribute to the advancement of human rights law pertaining to sexual and reproductive rights by identifying and addressing existing gaps and ambiguities within the current legal framework. It will examine underexplored areas, including the recognition of sexual pleasure as a right, the influence of religious and moral considerations on sexual and reproductive rights, issues related to contraception and abortion, and the legal terminology used in the discourse surrounding these rights to ensure that these issues are accorded the same level of legal recognition and protection as other fundamental rights. Additionally, this research aims to conduct an in-depth analysis of the case law of the European Court of Human Rights to determine the formal recognition of sexual and reproductive rights and health within the human rights framework. The study systematically reviews the Court’s jurisprudence to assess the integration of sexual and reproductive rights into the broader discourse of human rights principles. The analysis focuses on delineating the specific rights related to sexual and reproductive health and evaluating the protection provided under Article 8 of the European Convention on Human Rights, which enshrines the right to private and family life, and Article 2, which guarantees the right to life and Article 3 of the European Convention on Human Right which prohibits torture. This research aims to elucidate the extent to which these rights are acknowledged and protected by the ECtHR, thereby contributing to a more refined understanding of their position within the Convention’s legal architecture.