Publication details

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



Year of publication 2019
Type Article in Periodical
Magazine / Source International and Comparative Law Quarterly
MU Faculty or unit

Faculty of Law

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
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Description 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.

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