Tag: abortion
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Karolina Szopa: Triumph for Abortion Rights, or a Trojan Horse? The Abortion Services (Safe Access Zones) (Northern Ireland) Bill and Proportionality Assessment
Introduction On the 7 December 2022, the judgment of the UK Supreme Court in the Reference by the Attorney General for Northern Ireland – Abortion Services (Safe Access Zones) (Northern Ireland) Bill (‘SAZ’) affirmed the legality of a measure aimed at strengthening the exercise of the right to abortion in Northern Ireland (NI). The case concerned a…
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Craig Purshouse: Abortion and the Bill of Rights: A reply to Kirsty Hughes
The US Supreme Court’s decision in Dobbs v Jackson Women’s Health Organization should have given pause to supporters of vague rights charters that expand the power of judges to decide contentious moral and political questions. This goes even more so for those who want to secure the ability of women to obtain safe and legal abortions. Rather…
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Karolina Szopa and Jamie Fletcher: The Future of Abortion Rights under the European Convention on Human Rights in Light of Dobbs
Introduction On Friday 24th June 2022, in Dobbs v Jackson Women’s Health Organization, the US Supreme Court (SCOTUS) overruled the right to an abortion nearly 50 years since it first declared it a constitutionally protected right. An outpour of protests and condemnation followed the release of the opinion, with many legal professionals, politicians and NGOs across Europe speaking out…
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Atina Krajewska: The judgment of the Polish Constitutional Tribunal on abortion: a dark day for Poland, for Europe, and for democracy
On 22nd October 2020, the Polish Constitutional Tribunal (CT) held unconstitutional a statutory legal provision, which had previously allowed women to access abortion on the grounds of fatal foetal abnormality. The provision under review, Article 4a para 1 (2) of the Act for Family Planning and the Protection of the Foetus (1993), had decriminalised abortion…
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![Shona Wilson Stark: In Re Northern Ireland Human Rights Commission’s Application for Judicial Review [2018] UKSC 27: A Declaration in All but Name?](https://ukconstitutionallaw.org/wp-content/uploads/2018/06/shona-wilson-stark.jpg)
Shona Wilson Stark: In Re Northern Ireland Human Rights Commission’s Application for Judicial Review [2018] UKSC 27: A Declaration in All but Name?
All eyes were on the UK Supreme Court (UKSC) last week as it gave judgment in In Re Northern Ireland Human Rights Commission’s Application for Judicial Review [2018] UKSC 27, the case challenging the European Convention on Human Rights (ECHR) compatibility of Northern Ireland’s abortion legislation. Such a case is always bound to be headline-grabbing…
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Byron Karemba: Provision of Abortion Services, the Territorial Constitution and the Supreme Court
Introduction Should UK citizens ordinarily resident in one of the constituent parts of the UK be treated equally in regards to essential social services when they are in a different part of the country? In one sense, the appeal in R (A and B) v Secretary of State for Health in which the Supreme Court…