header-logo header-logo

28 January 2011 / Barbara Hewson
Issue: 7450 / Categories: Features , Family , Human rights
printer mail-detail

No Roe v Wade

Barbara Hewson considers the latest ECtHR ruling on Ireland’s abortion law

Last December, a Grand Chamber of the European Court of Human Rights issued a landmark judgment on the sensitive topic of abortion. The case of A, B & C v Ireland (App No 25579/05) was argued on 9 December 2009, but the court spent over a year deliberating. Six out of 17 judges issued partly dissenting opinions. The majority decision is conservative: this is no Roe v Wade.

The applicants Ms A, B and C were Irish residents who had travelled to the UK for abortions. They complained that Irish law did not allow them to terminate their pregnancies lawfully in Ireland. Ms A had health and social issues: four children (one disabled), and problems with alcohol and depression. Ms B initially thought she was at risk of an ectopic pregnancy, though later it was confirmed that she did not have this condition. Ms C was Lithuanian, and in remission from a rare cancer. Before discovering she had become pregnant, she had undergone some tests for cancer, contraindicated during pregnancy. She

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll