Panel: MARRIAGE AND FAMILY RELATIONS IN THE CASE-LAW OF THE ECHR



580.4 - THE RELATIONSHIP BETWEEN RELIGION AND FAMILY IN THE LIGHT OF THE TERMINATION OF PREGNANCY CASES

AUTHORS:
Valero Estarellas M.J. (Universidad Villanueva ~ Madrid ~ Spain)
Text:
This paper examines the interplay between religion, family life, and reproductive rights as reflected in the case-law of the European Court of Human Rights (ECtHR), focusing on the legal and ethical dilemmas surrounding termination of pregnancy. Analysing the interaction of Article 9 (freedom of thought, conscience, and religion) with Articles 8 (respect for private and family life) and 12 (right to marry) of the European Convention on Human Rights, the paper explores how the ECtHR addresses possible clashes between individual religious beliefs, societal norms, and the evolving conceptualisation of family. The study pays particular attention to cases where religious and moral convictions regarding the sanctity of life intersect with claims to personal autonomy and family rights. These cases illustrate how the Court balances competing rights: on the one hand, the religious freedom of individuals and communities; on the other, the private and family life of women seeking reproductive autonomy. While the ECtHR has shown sensitivity to pluralism and socio-cultural shifts, this paper argues that its jurisprudence often reveals latent assumptions about the "traditional" family, shaping the contours of Articles 8 and 12 in ways that can both challenge and reinforce entrenched norms. The paper situates termination of pregnancy cases within broader debates on pluralism, equality, and modern family law, and it critically evaluates whether the Court's approach represents a dynamic adaptation to contemporary socio-legal challenges or perpetuates a conservative framework under the guise of balancing rights. The findings contribute to an understanding of how the ECtHR negotiates the intersection of religion, family, and reproductive rights, participating in the debate on the role of Article 9 in redefining the boundaries of Articles 8 and 12 in contemporary jurisprudence.