Abortion in Northern Ireland and the European Convention on Human Rights : Reflections from the UK Supreme Court

Title: 
Abortion in Northern Ireland and the European Convention on Human Rights : Reflections from the UK Supreme Court
Journal Citation: 
68(2) INTERNATIONAL & COMPARATIVE LAW QUARTERLY, 477-494 (2019)

This article critically assesses the decision of the Supreme Court of the United Kingdom (UKSCt) on whether Northern Ireland’s near-total abortion ban was compatible with the European Convention of Human Rights (ECHR) in terms of the UKSCt’s treatment of international law. It argues that the UKSCt was justified in finding that Northern Ireland’s ban on abortion in cases of rape, incest, and FFA was a violation of Article 8, but that the majority erred in its assessment of Article 3 ECHR and of the relevance of international law more generally.