Ní Ghráinne, Bríd and McMahon, Aisling (2019) Abortion in Northern Ireland and the European Convention on Human Rights: Reflections from the UK Supreme Court. International and Comparative Law Quarterly, 68 (2). ISSN 0020-5893

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Abstract

On 7 June 2018, the Supreme Court of the United Kingdom (UKSCt) issued its decision on, inter alia, whether Northern Ireland’s near-total abortion ban was compatible with the European Convention of Human Rights (ECHR). This article critically assesses the UKSC’s treatment of international law in this case. It argues that the UKSCt was justified in finding that Northern Ireland’s ban on abortion in cases of rape, incest, and FFA was a violation of Article 8, but that the majority erred in its assessment of Article 3 ECHR and of the relevance of international law more generally.

Item Type:	Article
Keywords:	Abortion; Northern Ireland; UK Supreme Court; European Convention on Human Rights; International Law; Right to Private and Family Life; Prohibition of Cruel, Inhumane and Degrading Treatment; Human Rights Act, Human Rights Committee;
Academic Unit:	Faculty of Social Sciences > Law
Item ID:	10742
Identification Number:	https://doi.org/10.1017/S0020589319000034
Depositing User:	Aisling McMahon
Date Deposited:	23 Apr 2019 16:32
Journal or Publication Title:	International and Comparative Law Quarterly
Publisher:	Cambridge University Press
Refereed:	Yes
URI:	Publisher
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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