Abortion by Telemedicine in the European Union

International Journal of Gynecology and Obstetrics 145 (2019): 125–128.

8 Pages Posted: 7 Apr 2019

See all articles by Tamara K. Hervey

Tamara K. Hervey

University of Sheffield - Faculty of Law

Sally Sheldon

Kent Law School

Date Written: 2019

Abstract

This paper analyses an important set of legal issues raised by the telemedical provision of abortion pills. Focusing on the case of European Union (EU) law, it suggests that a properly accredited doctor seeking to treat a patient with abortion pills is entitled, in principle, to rely on EU rules of free movement to protect their access to patients in other member states, and women facing unwanted pregnancies likewise have legal rights to access the services thus offered. EU countries seeking to claim an exception to those rules on the basis of public health or the protection of a fundamental public policy interest (here, the protection of fetal life) will face significant barriers.

Keywords: Abortion pills, Early medical abortion, European Union, EU law, Free movement of services, Mifepristone, Misoprostol, Telemedicine, Trade Law

JEL Classification: K10, J24, I18, I10, L88

Suggested Citation

Hervey, Tamara K. and Sheldon, Sally, Abortion by Telemedicine in the European Union (2019). International Journal of Gynecology and Obstetrics 145 (2019): 125–128. , Available at SSRN: https://ssrn.com/abstract=3352721

Tamara K. Hervey

University of Sheffield - Faculty of Law ( email )

Crookesmoor Building, Conduit Road
Sheffield S10 1FL
United Kingdom

Sally Sheldon (Contact Author)

Kent Law School ( email )

Canterbury, Kent CT2 7NS
United Kingdom
01227 824899 (Phone)
01227 827831 (Fax)

HOME PAGE: http://www.kent.ac.uk/law/research/profiles/sheldon.html

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