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Government under pressure over ‘incompatible’ Northern Ireland abortion law

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Government under pressure over ‘incompatible’ Northern Ireland abortion law
Pro-choice campaigners demand action after Supreme Court judges say ban on terminations needs ‘radical reconsideration’.

June 7 2018

The Government is facing mounting pressure to reform abortion laws in Northern Ireland after Supreme Court judges said they were incompatible with human rights legislation.

Pro-choice campaigners demanded action after a majority of Supreme Court judges said the ban on terminations in cases of rape, incest or fatal foetal abnormality needed “radical reconsideration”.

Continued: https://www.belfasttelegraph.co.uk/news/republic-of-ireland/government-under-pressure-over-incompatible-northern-ireland-abortion-law-36986743.html

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Belfast woman to challenge NI abortion laws in High Court

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Belfast woman to challenge NI abortion laws in High Court
Decision follows ruling by British supreme court on legality of situation in North

June 7, 2018
Amanda Ferguson

A Belfast woman who travelled to Britain for an abortion is to take a case to the High Court in her home city after campaigners lost a UK supreme court appeal over the legality of Northern Ireland’s abortion laws.

Supported by Amnesty International, Sarah Ewart, who travelled for an abortion after being told her baby would not survive, said she was seeking a formal declaration that the North’s laws on abortion were incompatible with human rights law.

Continued: https://www.irishtimes.com/news/social-affairs/belfast-woman-to-challenge-ni-abortion-laws-in-high-court-1.3522595

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NI abortion laws need radical reconsideration, court says as appeal dismissed

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NI abortion laws need radical reconsideration, court says as appeal dismissed
Deputy Supreme Court president Lord Mance said the present law ‘clearly needs radical reconsideration’

June 7 2018

Northern Ireland’s strict abortion laws are incompatible with human rights legislation and need “radical reconsideration”, the UK’s highest court has urged.

A majority of a seven-strong panel of Supreme Court justices ruled the Northern Ireland Human Rights Commission (NIHRC) had no legal standing to bring its challenge against the abortion law.

But, by a majority, the judges also strongly expressed their opinion that the current laws are incompatible with article 8 of the European Convention on Human Rights (ECHR) – the right for respect for private and family life.

Continued: https://www.belfasttelegraph.co.uk/news/republic-of-ireland/ni-abortion-laws-need-radical-reconsideration-court-says-as-appeal-dismissed-36986268.html

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N.Ireland: North’s abortion law forcing women to go through ‘torture’ – Supreme Court hears

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North’s abortion law forcing women to go through ‘torture’ – Supreme Court hears
London court told current law discriminates against women and girls on grounds of sex

Tue, Oct 24, 2017
Denis Staunton in London

Northern Ireland’s abortion law is forcing vulnerable women and girls to go through “physical and mental torture”, the supreme court in London has heard.

The court on Tuesday began hearing an application from the Northern Ireland Human Rights Commission (NIHRC), which argues that criminalisation of abortion, even in the case of rape, incest and fatal foetal abnormality, is incompatible with the European Convention on Human Rights (ECHR).

Continued at source: https://www.irishtimes.com/news/ireland/irish-news/north-s-abortion-law-forcing-women-to-go-through-torture-supreme-court-hears-1.3267006

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International law and the provision of abortion services

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International law and the provision of abortion services

Kirsten Sjøvoll considers whether the Supreme Court's approach to international law as an aid to interpretation of the ECHR is out of step with Strasbourg, and where this leaves international law as an interpretative aid generally

By Kirsten Sjovoll · On July 28, 2017

In R (A & B) v Secretary of State for Health [2017] UKSC 41 the Supreme Court considered whether the Secretary of State’s failure to exercise his power to require that abortion services be provided through the NHS in England – to women ordinarily resident in Northern Ireland – was unlawful. The question was whether he failed to discharge his duty under the National Health Service Act 2006, s 3 to “take such steps as he considers necessary to meet all reasonable requirements” for services. It also considered whether the continuing failure to provide such abortion services infringed the European Convention on Human Rights (“ECHR” of “the Convention”), art 14 in conjunction with 8. In particular, the Supreme Court considered to what extent these rights under the ECHR should be informed by other obligations and principles of international law.

Continued at source: Law of Nations Blog: https://lawofnationsblog.com/2017/07/28/international-law-provision-abortion-services/

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