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4 Cambridge L. Rev. 121 (2019)
Evaluating the Need to Reform Northern Ireland's Abortion Law from a Human Rights Perspective

handle is hein.journals/cambrilv4 and id is 129 raw text is: 


Reforming Northern Ireland's Abortion Law


Evaluating the Need To Reform Northern Ireland's

Abortion Law From a Human Rights Perspective

                            QoL LoutsiLA To.,N(;!L*



                               INTRODUCTION

       Northern Ireland has one of the most restrictive abortion regimes in Europe
and is the only part of the United Kingdom where access to abortion is almost
entirely illegal. On the 25th of May 2018, Ireland voted overwhelmingly in favour
of repealing the Eighth Amendment in a referendum, and the House of Keys
recently passed the Abortion Reform Bill which decriminalises abortion on the
Isle of Man, leaving Northern Ireland the only part of Britain and Ireland where
women have virtually no access to abortion.
       This article argues that Northern Ireland's restrictive abortion law violates
the UK's human rights obligations, and it is therefore necessary to provide for
abortion on the grounds of rape and fatal foetal abnormality (FFA) and to fully
decriminalise abortion. Section I highlights the comparative restrictiveness of
Northern Ireland's abortion law, and how the failure to liberalise the law is the
result of the dominant morally conservative, anti-abortion attitudes of political
and religious figures. This public discourse, coupled with the draconian criminal
offence, creates an environment where women cannot access abortions even on
lawful grounds, and this forces abortion-seeking women to travel abroad or illegally
terminate their own pregnancies.
       Section II considers the human rights arguments for reforming Northern
Ireland's abortion law, focusing chiefly on the right to freedom from inhuman and
degrading treatment under Article 3 of the European Convention on Human

   LLB, LLM (\Varwick). I'd like to thank Dr Aisling McMahon for her help with this piece.
   \ Where the term 'woman' is used, it is acknowledged that trans* men and non-binary people also
   require access to abortion services.

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