The Nasciturus at the Intersection of the Protection of Life and Self-Determination: A Comparative Analysis of Constitutional Conflicts

Abstract

This thesis examines the legal status of the nasciturus at the intersection of state protection of life and a pregnant woman’s right to self-determination in Germany and Hungary. The point of departure is the constitutional conflict of interests between the protection of unborn life and the woman’s autonomous decision-making. While German law seeks to achieve a structured balance through a combination of criminal prohibition and systematic exceptions, Hungarian law exhibits an increasingly life-protection-oriented trajectory, characterized by constitutional court restraint and political influence. The analysis demonstrates that, despite similar starting points, both legal systems pursue different doctrinal approaches and ultimately do not conclusively resolve the conflict, but instead assign it differing normative and political weight. The thesis concludes that abortion remains an expression of a persistent tension in both systems, one that can be resolved neither purely legally nor conclusively at the societal level.