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Förbjud det totala abortförbudet?: Hur legitim är abortlagen i Nicaragua?
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Theology, Department of Theology.
2013 (Swedish)Independent thesis Advanced level (degree of Master (One Year)), 10 credits / 15 HE creditsStudent thesis
Abstract [en]

The main purpose of this thesis is to analyze laws that completely prohibit abortion through a legal philosophical perspective. To demonstrate that abortion blanket bans cannot be seen as legally legitimate, the author has completed a literature study where she uses Robert Alexy’s “Concept of Law” to analyze abortion laws both in general, and in Nicaragua in particular.

Based upon Alexy’s “Concept of Law” the author has identified three relevant key elements – social efficacy, the argument from injustice and correctness of content - which she uses in her analysis. In order to apply these three elements on the total abortion ban, she then uses four different analysis tools - feminist theory, Human Rights, deontology analysis and right analysis. This has enabled a thorough analysis of the total ban on abortion that has demonstrates that such laws cannot be considered legitimate.

By highlighting the human rights violations the law entails, one can conclude that the law has a social impact. Using MacKinnon's theory "experience as a woman" the author had been able to demonstrate how the law should be considered as a gender equality issue, and that it is sexist in nature. Based on the argument from injustice and the legal norms about equal treatment and non-discrimination, the blanket ban can be considered extremely unfair for the women concerned. Based on deontology- and rights analysis, one can conclude that the Catholic Church's stance does not hold for the conservative position that excludes abortion in all circumstances. Thus, the normative arguments from the Christian abortion ethical and conservative position that is basis for the law is not coherent.

These three indicators demonstrate that the law in Nicaragua has a social efficacy that is both extremely unfair, violates Human Rights and its application sexist with normative argument and content that is not coherent. It would therefore be entirely justified to thwart the legitimacy of such total abortion ban, as in Nicaragua

Place, publisher, year, edition, pages
2013. , 39 p.
Keyword [en]
Abortion, human rights, feminism, jurisprudence, religion, ethics, rule of law, justice, Robert Alexy
National Category
Philosophy, Ethics and Religion
URN: urn:nbn:se:uu:diva-209554OAI: oai:DiVA.org:uu-209554DiVA: diva2:658409
Subject / course
Human Rights
Educational program
Master Programme in Human Rights
Available from: 2013-10-22 Created: 2013-10-21 Last updated: 2013-10-22Bibliographically approved

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