The Supreme Court says women’s human rights are being breached in Northern Ireland – if Theresa May doesn’t act, her legacy will be in tatters

The Supreme Court says women’s human rights are being breached in Northern Ireland – if Theresa May doesn’t act, her legacy will be in tatters
As the Labour MP Stella Creasy stated, 'is the government really going to force a rape victim to come and give evidence in open court to change the law?'

Katie Goh
June 7, 2018

This morning, the UK’s Supreme Court dismissed the Northern Irish Human Rights Commission (NIHRC)’s appeal to overturn Northern Ireland’s strict abortion laws. While the Supreme Court judges agreed that Northern Ireland’s laws are incompatible with human rights in the cases of rape, incest and fatal foetal abnormality, the appeal was rejected due to a technicality. By the narrow majority of four to three judges, the Court ruled that they had no jurisdiction because there was no actual or potential victim of an unlawful act involved in the case.

Continued: https://www.independent.co.uk/voices/northern-ireland-abortion-law-supreme-court-human-rights-theresa-may-a8387506.html

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Belfast woman to challenge NI abortion laws in High Court

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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Northern Ireland abortion law clashes with human rights, judges say

Northern Ireland abortion law clashes with human rights, judges say
Supreme court dismisses bid to overturn law but adds to pressure on politicians to act

Owen Bowcott Legal affairs correspondent
Thu 7 Jun 2018

Pressure is growing on the government to reform Northern Ireland’s restrictive abortion laws after the supreme court concluded that they are incompatible with human rights legislation.

Justices at the UK’s highest court dismissed a legal challenge by a narrow majority of four to three and said they had no jurisdiction to consider the latest case because there was no actual or potential victim of an unlawful act involved in it.

Continued: https://www.theguardian.com/world/2018/jun/07/supreme-court-dismisses-bid-to-overturn-northern-ireland-abortion-laws

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

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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UK: Supreme Court judge disagreed with abortion ruling

Supreme Court judge disagreed with abortion ruling

By Vincent Kearney, BBC News NI Home Affairs Correspondent
27 November 2017

The president of the UK's highest court has said she disagreed with its decision to reject an appeal for women from Northern Ireland to receive free abortions on the NHS in England.

Earlier this year, the Supreme Court dismissed the appeal from a mother and daughter by a narrow majority.

One of those who dissented was Lady Hale, the president of the court.

Continued at source: http://www.bbc.com/news/uk-northern-ireland-42135034

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International law and the provision of abortion services

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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