A Time to Regulate? Possible Implications of European Human Rights Law on Abortion in Northern Ireland

Since the introduction of the Abortion Act 1967 the legality and status of abortion in Northern Ireland, being excluded from the provisions of the 1967 Act, has remained shrouded in uncertainty. In light of the introduction of the Human Rights Act 1998, this article will explore whether this inconsi...

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Bibliographic Details
Published in:Medical law international 2001, Vol.5 (2), p.127-140
Main Author: Irvine, W. Nigel
Format: Article
Language:English
Subjects:
Abortion
Abortion, Legal - history
Abortion, Legal - legislation & jurisprudence
Bioethics
Europe
European Convention on Human Rights
Female
Health Services Accessibility - legislation & jurisprudence
History, 19th Century
History, 20th Century
Human rights
Human Rights - legislation & jurisprudence
Humans
Inconsistency
Legality
Legislation, Medical - history
Northern Ireland
Pregnancy
Uncertainty
United Kingdom
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Summary:Since the introduction of the Abortion Act 1967 the legality and status of abortion in Northern Ireland, being excluded from the provisions of the 1967 Act, has remained shrouded in uncertainty. In light of the introduction of the Human Rights Act 1998, this article will explore whether this inconsistency in the UK is in breach of the provisions laid down in Articles 8 and 14. It will be shown that while compelling arguments can be built under these provisions, perhaps the most persuasive arguments in favour of law reform are the inequities that the current legal regime has perpetuated.
ISSN:0968-5332
2047-9441
DOI:10.1177/096853320100500204