Reproductive Autonomy in a Fragmented Legal Order: The Evolution of Abortion Rights in International Law and Jurisprudence

This thesis examines the contemporary transformation of reproductive freedom within the global legal system, focusing on the core tension between individual rights and national regulation. The research is structured around two competing frameworks: the Autonomy-based model, which prioritizes reproductive self-determination, and the State-centred model, which emphasizes public interests and territorial sovereignty. Through an analysis of these models, the study highlights the inherently conditional nature of abortion rights, illustrating how their practical availability remains dependent on specific legislative boundaries and procedural requirements across different jurisdictions. By analyzing recent constitutional reforms, such as the 2024 amendment in France, and contrasting them with significant judicial reversals, such as the Dobbs decision in the United States and restrictive rulings in Poland, this work maps a deeply divided legal landscape. The thesis demonstrates that while international soft law and regional human rights bodies – including the Inter-American Court and the European Court of Human Rights – are driving a gradual normative convergence toward minimum protective standards, this progress remains exceptionally fragile. Ultimately, the study illustrates how the global regulation of reproductive autonomy is shaped by a dual dynamic of evolution and backsliding, resulting in a fragmented legal order where the protection of fundamental human dignity is increasingly dependent on geographical borders.