For my paper I select two judgments, one from the Inter-American Court (Beatriz v. El Salvador) and
one from the European Court of Human Rights (R.R. versus Poland), that deal with the same substantive or procedural issue: ABORTION.
MY RESEARCH QUESTION IS: What are similarities and differences in the approach to the problem of access to abortion among the cases of R.R. v. Poland and Beatriz v. El Salvador of European Human Rights Court and Inter-Americans Human Rights Court?
SUB-QUESTIONS: What are the legal conditions required by Poland and El Salvador to get an abortion?
What are similarities and differences between the legal conditions required by Poland and El Salvador domestic laws?
Which fits the underlying human rights standard best?
In my paper I should at least deal with the following elements (not necessarily as separate elements and/or in
– A comparison of the main characteristics of both conventions and the courts;
– A comparison of the substance of both judgments and of the remedies available. Here, think about
identifying differences and similarities between the judgments and identify reasons for those differences
and similarities. In this section, you should seek to identify relevant academic literature that comments
on/seeks to explain the points you have identified
– A conclusion evaluating the level of protection offered by these instruments and institutions, with
particular emphasis on the substantive issue selected.
The following suggestion is optional, not mandatory:
– A further option is to also, briefly, compare how these two regional institutions approach the issue with
the way in which the same substantive issue is handled by one of the UN treaty-bodies. Alternatively
you could see how the same issue is handled within the African system. Be aware that, as the African
system has not yet produced much case law, it might be difficult to find comparable case law aspects.
NB: if you choose this option, you will be comparing three separate institutions.
The teacher also asks me to write all the sources to which I refer