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:

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