International Protection of Women's Rights: An Analysis of Open Door Counseling Ltd.and Dublin Well Woman Centre v. Ireland

This article asserts that women's reproductive rights have not been acknowledged as international human rights because of the reluctance of international tribunals to criticize domestic policy in this area. The article examines the use of the margin of appreciation doctrine by the European Court in the case of Open Door Counseling Ltd. and Dublin Well Woman Centre Ltd. v Ireland. The author argues that the European Court has been hesitant to establish uniform norms in light of cultural differences among signatory states and concludes that the refusal of the court to incorporate women's needs, views and experiences when interpreting the Convention threatens not only women, but also the credibility of the fundamental rights framework of the Convention. [Descriptors: Applying Human Rights Law - International, Reproductive Rights - Overview, International - Europe]