Studio comparativo della legislazione e della giurisprudenza sull'aborto in Italia, Irlanda, Polonia e Malta

This thesis conducts a comparative study of abortion legislation and case law in Italy, Poland, Ireland, and Malta, countries with historically stringent abortion laws influenced by strong religious and cultural values. The research aims to elucidate the evolution of abortion policies, judicial interpretations, and the socio-political forces shaping these frameworks. Through an interdisciplinary approach combining legal analysis, historical context, and socio-political examination, the study explores the commonalities and divergences in each country’s approach to abortion and determines the grey areas that have not been regulated by legislation. In Italy, the landmark 1978 Law 194 marked a significant liberalization, allowing abortion within the first 90 days of pregnancy under certain conditions, while still reflecting the Catholic Church's influence through conscience clauses allowing medical personnel to refuse participation. Polish abortion law, conversely, has become increasingly restrictive since the fall of communism, culminating in the 2020 Constitutional Tribunal ruling that further limited legal abortions, triggering widespread protests and international criticism. Ireland’s abortion laws experienced a dramatic shift with the 2018 referendum repealing the Eighth Amendment, which had equated the life of a pregnant woman with that of an unborn fetus. The subsequent Health (Regulation of Termination of Pregnancy) Act 2018 legalized abortion under specific circumstances, reflecting a significant societal transformation and the diminishing influence of the Catholic Church. Malta remains the most restrictive, with a blanket ban on abortion under any circumstances. However, recent debates and calls for reform indicate potential future shifts. The thesis assesses the role of national and international human rights obligations in shaping these legal landscapes, highlighting the tension between national sovereignty and international legal standards. Case law analysis from domestic and European courts illustrates how judicial interpretations have navigated the complex interplay between protecting fetal life and safeguarding women's rights. The study also examines the socio-political movements and public opinion in each country, revealing how activism, political agendas, and public sentiment have driven legal changes. Ultimately, this comparative analysis underscores the dynamic and contested nature of abortion law, influenced by a confluence of legal, cultural, and political factors. It provides a nuanced understanding of how deeply ingrained religious values, evolving human rights norms, and grassroots activism collectively shape the legal frameworks governing abortion in these four European countries. ​