Procedural abortion rights: Ireland and the European Court of Human Rights |
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| Affiliation: | 1. Department of Obstetrics and Gynecology, Nippon Medical School, Tama Nagayama Hospital, Tokyo, Japan;2. Department of Obstetrics and Gynecology, Mie University, Mie, Japan;3. Department of Obstetrics and Gynecology, Tohoku Kosai Hospital, Miyagi, Japan;1. Department of Obstetrics and Gynaecology, University of British Columbia, Vancouver BC;2. Women’s Health Research Institute, Vancouver BC;3. Department of Pediatric Infectious Diseases, British Columbia Children’s Hospital, Vancouver BC;4. British Columbia Centre for Disease Control, Vancouver BC;5. Division of Gastroenterology, University of British Columbia, Vancouver BC;1. Research Officer, Genetics Education and Health Research, Murdoch Childrens Research Institute, Parkville, Australia;2. Lecturer, College of Arts, Victoria University, Melbourne, Australia;3. Honorary Fellow, Department of Paediatrics, University of Melbourne, Parkville, Australia;4. Project Manager, Genetics Education and Health Research, Murdoch Childrens Research Institute, Parkville, Australia;5. Senior Lecturer, Department of Paediatrics, University of Melbourne, Parkville, Australia |
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| Abstract: | The Irish Protection of Life During Pregnancy Act seeks to clarify the legal ground for abortion in cases of risk to life, and to create procedures to regulate women’s access to services under it. This article explores the new law as the outcome of an international human rights litigation strategy premised on state duties to implement abortion laws through clear standards and procedural safeguards. It focuses specifically on the Irish law reform and the jurisprudence of the European Court of Human Rights, including A. B. and C. v. Ireland (2010). The article examines how procedural rights at the international level can engender domestic law reform that limits or expands women’s access to lawful abortion services, serving conservative or progressive ends. |
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