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Bríd Ní Ghráinne; Aisling McMahon
International and Comparative Law Quarterly
Abortion in Northern Ireland and the European Court of Human Rights: Reflections from the UK Supreme Court
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On 7 June 2018, the Supreme Court of the United Kingdom (UKSCt) issued its decision on, inter alia, whether Northern Ireland’s near-­total abortion ban was compatible with the European Convention of Human Rights (ECHR). This article critically assesses the UKSC’s treatment of international law in this case. 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.
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