Abortion Lawfare and the Margin of Appreciation in the ECtHR Jurisprudence on Poland.

While concluding that “there is now a clear trend in the legislation of the Contracting States towards allowing gamete donation for IVF, which reflects an emerging European consensus” (§96), the ECtHR proceeded to downplay its significance: That emerging consensus is not, however, based on settled and long-standing principles established in the law of the member States but rather reflects a stage of development within a particularly dynamic field of law and does not decisively narrow the margin of appreciation of the State ( d ).

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