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“Braxton Hick’s” or the birth of a new era? Tracing the development of Ireland’s abortion laws in respect of European Court of Human Rights Jurisprudence

Daly, Brenda (2011) “Braxton Hick’s” or the birth of a new era? Tracing the development of Ireland’s abortion laws in respect of European Court of Human Rights Jurisprudence. European Journal of Health Law, 18 (4). pp. 375-395. ISSN 0929-0273

Abstract
In Ireland, Article 40.3.3° of Bunreacht na hÉireann (the Irish Constitution) guarantees the right to life of the unborn child and the equal right to life of the mother. Abortion in Ireland is permissible only where there is a real and substantial risk to the mother’s own life. Since Ireland became a signatory to the European Convention on Human Rights in 1950, there have been concerns that it could result in Ireland being compelled to introduce a right to abortion. This article commences with a review of the extant law on abortion in Ireland, tracing the Constitutional protection afforded to the unborn child. The article will discuss the impact of the European Court of Human Rights’ jurisprudence in regard to access to abortion and to information on abortion services in Ireland in an effort to ascertain if it really has resulted in a radical change to Irish abortion laws. As such, it will also be necessary to examine the more recent decisions of the ECtHR such as Tysiac v. Poland, and A, B, and C v. Ireland, to determine both the approach of the ECtHR to access to abortion in general and also to consider if it has resulted in a liberalisation of abortion law in Ireland.
Metadata
Item Type:Article (Published)
Refereed:Yes
Uncontrolled Keywords:Human Rights; Abortion
Subjects:Social Sciences > Law
DCU Faculties and Centres:DCU Faculties and Schools > Faculty of Science and Health > School of Nursing and Human Sciences
Publisher:Kluwer (Brill)
Official URL:http://dx.doi.org/10.1163/157180911X585270.
Copyright Information:© 2011 Brill (Martinus Nijhoff)
Use License:This item is licensed under a Creative Commons Attribution-NonCommercial-Share Alike 3.0 License. View License
ID Code:17868
Deposited On:12 Apr 2013 11:04 by Brenda Daly . Last Modified 09 Jul 2019 12:21
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