Abortion in Northern Ireland and the European Convention on Human Rights: Reflections from the UK Supreme Court

NÍ GHRÁINNE, Bríd and Aisling MCMAHON. Abortion in Northern Ireland and the European Convention on Human Rights: Reflections from the UK Supreme Court. International and Comparative Law Quarterly. 2019, vol. 68, No 2, p. 477-494. ISSN 0020-5893. doi:10.1017/S0020589319000034.

Basic information

• Original name: Abortion in Northern Ireland and the European Convention on Human Rights: Reflections from the UK Supreme Court
• Authors: NÍ GHRÁINNE, Bríd (372 Ireland, guarantor, belonging to the institution) and Aisling MCMAHON.
• Edition: International and Comparative Law Quarterly, 2019, 0020-5893.

Other information

• Original language: English
• Type of outcome: Article in a journal
• Field of Study: 50501 Law
• Country of publisher: United Kingdom of Great Britain and Northern Ireland
• Confidentiality degree: is not subject to a state or trade secret
• WWW: Repozitář MU Web nakladatele
• Impact factor: Impact factor: 1.565
• RIV identification code: RIV/00216224:14220/19:00109471
• Organization unit: Faculty of Law
• Doi: http://dx.doi.org/10.1017/S0020589319000034
• UT WoS: 000465270700008
• Keywords in English: 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
• Tags: rivok
• Tags: International impact, Reviewed

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 UKSCt’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.