En stärkt aborträtt? – En rättslig analys av livsduglighetsbegreppet i dagens abortlagstiftning – Vilka fördelar och nackdelar finns med en grundlagsskyddad aborträtt?

Sammanfattning: The subject of abortion has long been a controversial issue consisting of diffi-cult legal and ethical questions. In 2021, Poland introduced new restrictive laws which severely restricts women’s right to abortion. The verdict from the Supreme Court of the United States in the case of Dobbs v. Jackson in 2022 overturned the verdict of Roe v. Jackson from 1973 which ensured a right to abortion through the constitution. These events made the Swedish government appoint a committee to evaluate the possibility of introducing a right to abor-tion in the constitution. The right to abortion in Sweden is secured through the abortion law. The abortion law statutes a right to abortion until the 18th week of pregnancy. Af-ter that permission is required from the Judicial Council whose practices al-lows late abortions up to the 22nd week of pregnancy if there are special rea-sons. A right to reproductive health, which often is considered to include abortion, is stipulated in several international conventions to which Sweden is a party. The overall purpose of the essay is to analyze and discuss the government’s proposal to introduce a right to abortion in the constitution. Furthermore, the concept of viability in the abortion law will be addressed. To achieve the pur-pose of this essay I will use the legal analytical method. The legal analytical method allows a broad analysis and the use of sources beyond the traditional legal sources. The concept of viability in the abortion law is problematic because the concept regulates the time limit for late abortions. According to the preparatory work, the concept of viability should be interpreted based on the medical conditions that exist to save extremely premature babies to life. The limit for late abor-tions may be narrowed in the future as medical-technical developments make it possible to save fetuses earlier in the pregnancy. This fact risks restricting women’s right to abortion in the future. It does not appear to be straightforward introducing a right to abortion in the constitution. Furthermore, it is not possible to say with any certainty that it would lead to an increased protection of the right to abortion in Sweden. There is a risk that the proposal might result in a more restrictive right to abor-tion or that there will be no difference compared to today.