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Are the European and Inter-American human rights systems moving toward recognising abortion as a Convention right? Recent case law suggests a more complex trajectory than a straightforward expansion of reproductive rights. While both the European Court of Human Rights and the Inter-American Court of Human Rights have significantly strengthened the protection of reproductive autonomy through doctrines relating to privacy, personal integrity, equality, and access to healthcare, neither Court has yet recognised a substantive right to abortion under their respective treaties.
This talk offers a comparative analysis of recent jurisprudence to argue that both systems display a pattern of incremental doctrinal development combined with institutional hesitation. The European Court continues to frame abortion primarily through procedural access guarantees, while the Inter-American Court –despite developing a strong autonomy-based reproductive rights framework– has recently shown signs of doctrinal caution in abortion-related cases. These developments raise broader questions about the future of abortion protection in international human rights law and the extent to which current global backlash against gender equality may be shaping judicial strategies of restraint.
