The Challenges of legalizing Abortion in the European Union

Abstract: The paper uncovers the challenges of legalizing abortion within the European Union (EU). Abortion is a highly debated topic. However, many scholars believe it to be a human right. Yet, certain EU member states still have highly restrictive abortion legislations, which creates inequalities based on gender, class and mobility. Contradicting EU norms and values. Furthermore, persons able to birth lose their right to dignity and bodily autonomy. Thus, it is a topic of great importance. In order to get deep insight into this topic the research aims to answers the question: What factors limit the mandating of abortion rights at the EU level? The paper, therefore, makes use of qualitative research by doing a case study. The cases being Poland, Malta and the EU. To answer the research question a textual analysis of documents, such as newspaper articles, journals and reports, is conducted. This is done by investigating the texts by looking for themes, such as religious, social or political factors. Firstly, Poland is examined, followed by Malta. Afterwards, the two cases are briefly compared, in an effort to show that there are common factors influencing the restriction of abortion. Lastly, the factors present in the European Union are investigated.  It is found that in Poland religious and political factors are the main issue in the legalization. The Catholic Church plays an immense role in the abortion ban. Since it is closely connected to the national identity and has a great influence on politics. Furthermore, it is uncovered that the government, especially the Law and Justice party, is a powerful defender of the current restrictive abortion legislation. Within Malta challenges include religious, political, historical and social factors. Such as deep rooted Catholic values, the governments and the populations support for the abortion ban. Both countries share the factor of extreme opposition towards the liberalisation of abortion by the Church and the government. In the European Union many of the factors are of political nature, such as abortion rights not being part of EU legislation. Other reasons that are found include increasing anti-gender discourse and movements, the ignorance of the topic, and abortion rights not being protected as a human rights.  The dissertation concludes by summarizing the findings and explaining that there are a multitude of issues, which are heavily interconnected. It is also explained, that the research shows how difficult it is to legalize abortion in the European Union. Yet, it is important to discuss and address. Additionally, further research is suggested.