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Abortion is a quasi-eternal problem of humanity. For decades it has
been - and continues to be - a highly debated political and legal
issue in the Western world on both sides of the Atlantic. The
contending political camps are often defined as 'pro-life' or
'pro-choice'. From a more legal perspective, the opposing positions
may be described by the terms 'indication model' - where
terminations are permitted in certain circumstances - and 'time
limitation model' - where termination within a certain period of
pregnancy is permitted on demand. Based upon a worldwide survey on
abortion law and practice in a total of 64 countries carried out by
the Max-Planck Institute for Foreign and International Criminal Law
in Freiburg (Germany), the authors developed a 'third way'. This
'third way', which may be described as a 'discourse model',
reflects the conviction that the decision to terminate must, in the
final analysis, be taken by the pregnant woman herself subject to
her own responsibility and that the legal system must treat her
decision with respect. Along with a summary of social conditions
and historical developments and a detailed comparison of legal
regulations, supplemented by statistics on the termination of
pregnancy, the authors arrive at their concluding reflections.
Important findings, insights and trends are summarized and starting
points and guidelines for reforms are pointed out. The book ends
with a proposed regulation intended to provide those interested in
an optimal regulation of the issue with food for thought. Prof. Dr.
Dr. h.c. mult., M.C.J. (New York) Albin Eser is presently a Judge
at the International Criminal Tribunal for the former Yugoslavia
and Director em. of the Max-Planck-Institute for Foreign and
International Criminal Law, Freiburg, Germany. Dr. jur. Hans-Georg
Koch is senior researcher, Head of the medical law department of
the Max-Planck-Institute for Foreign and International Criminal
Law, Freiburg, Germany.
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