Procedural Abortion Rights: Ireland and the European Court of Human Rights

Posted: 18 Feb 2015

See all articles by Joanna N. Erdman

Joanna N. Erdman

Dalhousie University - Schulich School of Law

Date Written: November 2014

Abstract

The Irish Protection of Life During Pregnancy Act seeks to clarify the legal ground for abortion in cases of risk to life, and to create procedures to regulate women’s access to services under it. This article explores the new law as the outcome of an international human rights litigation strategy premised on state duties to implement abortion laws through clear standards and procedural safeguards. It focuses specifically on the Irish law reform and the jurisprudence of the European Court of Human Rights, including A. B. and C. v. Ireland (2010). The article examines how procedural rights at the international level can engender domestic law reform that limits or expands women’s access to lawful abortion services, serving conservative or progressive ends.

Keywords: abortion law and policy, human rights, litigation, legal reform, Europe

Suggested Citation

Erdman, Joanna N., Procedural Abortion Rights: Ireland and the European Court of Human Rights (November 2014). Reproductive Health Matters, Vol. 22, No. 44, November, 2014, Available at SSRN: https://ssrn.com/abstract=2566189

Joanna N. Erdman (Contact Author)

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

Do you have negative results from your research you’d like to share?

Paper statistics

Abstract Views
359
PlumX Metrics