The right to abortion for women victims of sexual violence in light of human rights and judicial practices

This thesis examines the right to abortion within the framework of bodily autonomy, reproductive freedom, and human rights, with a particular focus on the legal, social, and cultural barriers faced by survivors of sexual offences in accessing abortion services. It assesses the legal nature of abortion and discusses the balance between the legal status of the fetus/child and the woman's free will, the right to life, and personality rights. Turkish legal regulations are analysed in light of national and international norms; however, statutory time limits, consent requirements, and procedural constraints are found to hinder effective access to this right, especially for victims of sexual violence. The thesis further examines the jurisprudence of the European Court of Human Rights (ECHR) and the decisions of the Turkish Constitutional Court and the Court of Cassation, addressing the State's negative and positive obligations in relation to private life, bodily integrity, and access to healthcare. For survivors of sexual offences, the gap between law and practice is exacerbated by social pressure, cultural barriers, and difficulties in obtaining healthcare, resulting in infringements of bodily autonomy and an increased risk of secondary victimisation. The study concludes that the current legal framework and judicial practice remain insufficient to secure effective access to abortion for victims, and proposes legal and administrative improvements, including a practical "guidebook" to assist victims throughout the process.