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Abortion in Northern Ireland: Has the Rubicon Been Crossed?

Frost, Tom (2018) Abortion in Northern Ireland: Has the Rubicon Been Crossed? Liverpool Law Review, 39 (1). pp. 175-196. ISSN 1572-8625. (doi:10.1007/s10991-018-9214-1) (KAR id:102858)

Abstract

On 7 June 2018, the Supreme Court delivered their long anticipated ruling on whether the abortion laws in Northern Ireland are compatible with the European Convention on Human Rights. Although the case was dismissed on procedural grounds, a majority of the court held that, obiter, the current Northern Irish law was incompatible with the right to respect for private and family life, protected by Article 8 ECHR, “insofar as it prohibits abortion in cases of rape, incest and fatal foetal abnormality”. This Supreme Court decision, seen alongside the May 2018 Irish referendum liberalising abortion, and the 5 June 2018 Parliamentary debate seeking to liberalise abortion laws in Northern Ireland and the rest of the UK, places renewed focus upon the abortion laws of Northern Ireland and Great Britain, which suggests that the ‘halfway house’ of the Abortion Act 1967 Act finally be close to being reformed to hand the decision of abortion to women themselves.

Item Type: Article
DOI/Identification number: 10.1007/s10991-018-9214-1
Uncontrolled keywords: Abortion; Northern Ireland; judicial review; ECHR
Subjects: K Law
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Funders: University of Sussex (https://ror.org/00ayhx656)
Depositing User: Tom Frost
Date Deposited: 19 Sep 2023 16:07 UTC
Last Modified: 01 Mar 2024 11:28 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/102858 (The current URI for this page, for reference purposes)

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