header-logo header-logo

31 May 2007 / Julian Samiloff
Issue: 7275 / Categories: Opinion , Human rights
printer mail-detail

Conflicting rights

Julian Samiloff considers whether Irish abortion law breaches human rights

Miss D, aged 17, was pregnant and in the care of Ireland’s social services, Health Service Executive (HSE). Following a routine hospital scan she discovered that the foetus was suffering from a fatal abnormality and she decided that she wanted an abortion. Although abortion is lawful in Ireland, it is legal only on the basis that in the absence of a termination the life of the mother will be put in jeopardy, and though a provision exists in the Irish constitution to allow for legislation on this issue none has thus far been enacted.

The HSE, anticipating that D would leave Eire and go to the UK to get an abortion, asked the police to arrest D if she tried to leave the country and also asked the Irish passport office not to issue a passport. D challenged this action by judicial review. The HSE argued at first that it could not get involved in D’s plan to terminate her pregnancy and also that by Ireland’s

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll