Global and transnational governance, international law, human rights
Legal systems, constitutions, foundations of law
Legal studies, constitutions, comparative law
Obstetrics and gynaecology
Prenatal health
Hungary has been a member of the European Union, the great community of European peoples,
for twenty years. During the two decades of our membership, the world we live in has
changed completely, so perhaps more than ever, the cooperation of European peoples
is more important. Many believe that the continuous deepening of European integration
is the key to this cooperation. In this context, the role of the common European values
that unite the 27 Member States continues to grow. From a legal perspective, common
constitutional values are arguably the most important cornerstone of legislation,
making it essential to examine them in the context of Community unity. My study will
attempt to examine a slice of these constitutional values, the right to life and human
dignity, the issue of abortion, through the very different dynamics of change in French
and Hungarian legislation. The reason is that, while all States recognise the right
to life and human dignity as one of the most important fundamental rights, the issue
of abortion is no longer uniform across Europe. The development of French and Hungarian
law on the subject may represent the two much-mentioned poles of this divergence,
but they are nevertheless comparable, since their dynamics are similar. However, a
marked divergence is also clearly visible. While French law, which is constantly evolving
with the key role of the legislature, gives priority to the mother's right to decide,
the principles of Hungarian law, carefully elaborated by the Constitutional Court,
state that the protection of foetal life is the duty of the State. In the light of
the above, it may be an exciting question for the future whether a common European
set of values can be developed on this issue.
