The Influence Of The Constitutional Provisions In Establishing The Legal Status Of Abortion. View In Comparative Law

The abortion problem has been a constant issue along the development of the human society. Through the history, the different views on the status of the unborn children were often unclear, generating discrepant situations. Trying to find the best solution, the modern human beings should, among other things, return to the analysis of Constitutions. That is because here, directly or indirectly, he should find an answer. In many countries, Constitutions don’t have any provision referring to the status of the fetus. Also, many international documents relating to human rights don’t have such references. In these situations it is the duty of law specialists to correctly interpret the meaning of the constitutional provisions. In some countries, though, the Constitutions directly establish some rights of the fetuses. In other countries, the constitutional articles have been interpreted as denying any right of the unborn children. Confronting this juridical situation, we have to choose the best solution, in order to achieve a balance between all the divergent interests concerning the abortion issue.