Protests at the Clinic: Regulating Abortion Access in Europe

This article examines how European states are responding to the revival of anti-choice narratives by prohibiting or limiting pro-life protests near abortion clinics. First, it traces the evolving Strasbourg framework regarding abortion in general, and anti-abortion protests in specific, highlighting the tension between Article 8 and Article 10 ECHR and the Court’s rather fragmented case law. It then compares national approaches to buffer zones or safe access zones legislation in the UK, Ireland, and Germany. The fourth section contrasts this approach with France, Belgium, and Spain, which criminalizes anti-choice harassment instead of opting for administrative buffer zones. The analysis identifies the strengths and weaknesses of each model, mainly the differences in a) territorial limits, b) the scope of prohibited conduct, and c) the proportionality of sanctions. It concludes by outlining best practices for ensuring private, safe access to abortion without disproportionality infringing upon freedom of expression and assembly.

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