A, B and C v. Ireland: Europe’s Roe v. Wade Still Has to Wait
6 Pages Posted: 27 Oct 2011
Date Written: October 27, 2011
Abstract
Does the European Convention of Human Rights (ECHR) include the right to abortion? Is there ECHR obligation for Member States to legalise or de-penalise abortion? Can the right to privacy enshrined in Art. 8 ECHR be interpreted as guaranteeing a right to abortion? The European Court of Human Rights (ECtHR) has never before had the occasion to rule directly on these issues. A Grand Chamber of the ECtHR has held 11–6 in A, B, and C v Ireland (application no.25579/05), final judgment 16 December 2010, that the ECHR plainly does not confer a right to abortion.
Keywords: Abortion, Ireland, Right to respect for private and family life
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