Access to abortion services: the impact of the European convention on human rights in Ireland
Medicine and law, Jun 1, 2011
Abortion is unlawful in Ireland except where it is necessary to save the life of the mother. The ... more Abortion is unlawful in Ireland except where it is necessary to save the life of the mother. The right to life of the unborn child is safeguarded under Article 40.3.3 degrees of Bunreacht na hEireann (the Irish Constitution). In 2003 the European Convention on Human Rights was incorporated into Irish domestic legislation, subject to the provisions of the Irish Constitution. The aim of this paper is to consider the potential impact of the ECHR on access to abortion services within the State. This paper commences with discussion of the statutory prohibition on abortion and the Constitutional provisions concerning the protection afforded to the unborn child. It will then be necessary to examine the implications for Ireland of recent European Court of Human Rights' decisions, in particular the recent judgment in A, B & C v Ireland, regarding the right to legal abortions given the unique nature of the legal status of the ECHR and its relationship with the Irish Constitution.
Such a position will inevitably be influenced by the Constitutional provisions and by the notion ... more Such a position will inevitably be influenced by the Constitutional provisions and by the notion of prudence, justice and charity rather than notions of 'distributive justice' alongside consideration of the ubiquitous person who avails of London transport systems. Laura Hoyano is somewhat critical of the English courts approach to such cases, and calls for the judiciary to 'directly confront policy factors…rather than relinquishing that formidable task to the passenger on the London Underground'.
In Ireland, Article 40.3.3° of Bunreacht na hÉireann (the Irish Constitution) guarantees the righ... more In Ireland, Article 40.3.3° of Bunreacht na hÉireann (the Irish Constitution) guarantees the right to life of the unborn child and the equal right to life of the mother. Abortion in Ireland is permissible only where there is a real and substantial risk to the mother's own life. Since Ireland became a signatory to the European Convention on Human Rights in 1950, there have been concerns that it could result in Ireland being compelled to introduce a right to abortion. This article commences with a review of the extant law on abortion in Ireland, tracing the Constitutional protection afforded to the unborn child. The article will discuss the impact of the European Court of Human Rights' jurisprudence in regard to access to abortion and to information on abortion services in Ireland in an effort to ascertain if it really has resulted in a radical change to Irish abortion laws. As such, it will also be necessary to examine the recent decision of the ECtHR such as A, B, and C v. Ireland, to determine the approach of the ECtHR to access to abortion in general and to consider if it has resulted in a liberalisation of abortion law in Ireland.
Access to abortion services: the impact of the European convention on human rights in Ireland
Medicine and law, 2011
Abortion is unlawful in Ireland except where it is necessary to save the life of the mother. The ... more Abortion is unlawful in Ireland except where it is necessary to save the life of the mother. The right to life of the unborn child is safeguarded under Article 40.3.3 degrees of Bunreacht na hEireann (the Irish Constitution). In 2003 the European Convention on Human Rights was incorporated into Irish domestic legislation, subject to the provisions of the Irish Constitution. The aim of this paper is to consider the potential impact of the ECHR on access to abortion services within the State. This paper commences with discussion of the statutory prohibition on abortion and the Constitutional provisions concerning the protection afforded to the unborn child. It will then be necessary to examine the implications for Ireland of recent European Court of Human Rights' decisions, in particular the recent judgment in A, B & C v Ireland, regarding the right to legal abortions given the unique nature of the legal status of the ECHR and its relationship with the Irish Constitution.
A growing number of armed conflicts are ending in negotiated and mediated settlements. While medi... more A growing number of armed conflicts are ending in negotiated and mediated settlements. While mediation has been acknowledged as an effective means of dispute resolution in many areas, such as family law, medical law and commercial law, it has only quite recently been employed for the resolution of armed conflicts. It is the aim of this article to analyze how mediation was successfully employed in resolving conflicts in the region of Aceh in Indonesia. After 25 years of armed conflict, a peace deal was signed in 2005 between the government of Indonesia and an armed Acehnese group, the Gerekan Aceh Merdeka(GAM). This article will detail the history of the conflict and the mediation process, focusing on the mediation strategies and characteristics.
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