The right to terminate pregnancy (abortion): reflections from Turkey


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ERCOŞKUN ŞENOL H. K., ERCOŞKUN P.

JOURNAL OF LAW AND THE BIOSCIENCES, no.2, 2023 (SCI-Expanded) identifier identifier

  • Publication Type: Article / Article
  • Publication Date: 2023
  • Doi Number: 10.1093/jlb/lsad023
  • Journal Name: JOURNAL OF LAW AND THE BIOSCIENCES
  • Journal Indexes: Science Citation Index Expanded (SCI-EXPANDED), Social Sciences Citation Index (SSCI), Scopus, BIOSIS, EBSCO Legal Collection, EBSCO Legal Source, HeinOnline-Law Journal Library, Directory of Open Access Journals
  • Istanbul University Affiliated: No

Abstract

In this article, the right to terminate pregnancy is discussed comparatively in terms of the situation in Turkey and the rest of the world. We have concluded that certain minimum conditions must be met to be able to talk about the full recognition of this right. Recognizing that pregnancy can be terminated voluntarily is the most important of these conditions. Just as the period in which this right can be exercised should not be kept short, it should also be accepted that it can only be used based on the will of a pregnant person who has the power of discernment. In addition, certain obligations must be avoided, such as receiving counseling services before the termination of pregnancy and then waiting for a certain period of time to pass. In cases where pregnancy can be terminated because of an anomaly, a disease, or a crime, it is important to make clear arrangements that will not make practitioners, especially physicians, hesitate to perform such a procedure. Finally, the State must never forget that it is obliged to organize services for the termination of pregnancies in a way that is easily accessible to everyone who may need this procedure.