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    Access to Abortion in Cases of Fatal Foetal Abnormality: A New Direction for the European Court of Human Rights?


    Ní Ghráinne, Bríd (2019) Access to Abortion in Cases of Fatal Foetal Abnormality: A New Direction for the European Court of Human Rights? Human Rights Law Review, 19 (3). pp. 561-584. ISSN 1744-1021

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    Abstract

    In contrast to the UN Human Rights Committee (HRComm), the European Court of Human Rights (ECtHR) has not yet found that a prohibition of abortion in cases of fatal fetal abnormality (FFA) violates the prohibition of torture or inhuman and degrading treatment (Art 3 ECHR). We argue that the ECtHR is on the verge of aligning itself with the HRComm because: (i) recent ECtHR jurisprudence is broadening its interpretation of rights within the abortion context; (ii) the ECtHR frequently uses international law as an interpretative tool; and (iii) moving in the direction of the HRComm would not be as controversial as it may have been in the past. More broadly, we take a positive view of fragmentation and demonstrate how an international court, with some ingenuity, can broaden its approach on sensitive topics, by engaging with views of other international courts or Treaty Monitoring Bodies.

    Item Type: Article
    Additional Information: This is the pre-peer reviewed version of the following article: ‘Access to Abortion in Cases of Fatal Fetal Abnormality: A New Direction for the European Court of Human Rights? (2019) 19(3) Human Rights Law Review 561, which has been published in final form at https://doi.org/10.1093/hrlr/ngz020
    Keywords: abortion; fatal fetal abnormality; human rights; fragmentation; European Court of Human Rights; Human Rights Committee;
    Academic Unit: Faculty of Social Sciences > Law
    Item ID: 13406
    Identification Number: https://doi.org/10.1093/hrlr/ngz020
    Depositing User: Ni Ghrainne Brid
    Date Deposited: 06 Oct 2020 16:46
    Journal or Publication Title: Human Rights Law Review
    Publisher: Oxford University Press
    Refereed: No
    URI:

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