Mandatory ’foetal heartbeat’ as a new requirement in Hungary’s abortion law – constitutional and human rights limits of the protection of the foetus with a European outlook

In recent years, abortion regulations have been tightened in several countries (Poland, USA). As of 15th September 2022, a legislative amendment in Hungary will require women seeking abortion to present a fetal heart sound.¹¹Doctors in Hungary are obliged to present the pregnant woman with “a clearly identifiable indication of fetal vital signs" before carrying out any abortion, according to a decree of the government. This provision is unique in Europe, especially considering that Hungarian law allows essentially anyone to terminate a pregnancy on request. What exactly does the amendment mean? How can we assess this rule: can it be seen as a legitimate measure for the protection of the foetus, and is it in line with international human rights standards?