Peer-Reviewed Journal Details
Mandatory Fields
Bríd Ní Ghráinne; Aisling McMahon
2019
November
Human Rights Law Review
Access to Abortion in Cases of Fatal Foetal Abnormality: A New Direction for the European Court of Human Rights?
Published
1 ()
Optional Fields
In contrast to the UN Human Rights Committee (HRComm), the European Court of Human Rights (ECtHR) has not yet found that a prohibition of abortion in cases of fatal fetal abnormality (FFA) violates the prohibition of torture or inhuman and degrading treatment (Art 3 ECHR). We argue that the ECtHR is on the verge of aligning itself with the HRComm because: (i) recent ECtHR jurisprudence is broadening its interpretation of rights within the abortion context; (ii) the ECtHR frequently uses international law as an interpretative tool; and (iii) moving in the direction of the HRComm would not be as controversial as it may have been in the past. More broadly, we take a positive view of fragmentation and demonstrate how an international court, with some ingenuity, can broaden its approach on sensitive topics, by engaging with views of other international courts or Treaty Monitoring Bodies.
10.1093/hrlr/ngz020
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