Friday, March 26, 2010
Shannon K. Calt (Lewis & Clark Law School) has posted A., B. & C. v.
In Ireland, abortion is illegal
The European Court of Human Rights has never determined whether the Convention protects a right to life of the unborn or conversely any right to an abortion.The case at hand squarely presents an opportunity for the Court to take a position.
This comment focuses on Irish and
European Court of Human Rights abortion law and the impending decision in A.,
B. & C. v. Ireland. I conclude that - based upon the Court's own jurisprudence - the European Court
of Human Rights is very likely to declare that Ireland's nearly absolute
abortion ban and the resultant effects of Irish law did and continue to violate
rights the Court has already deemed protected by the European Convention on
Human Rights. The Court will likely embrace one of two possible holdings.
First, the Court could find that Ireland's abortion ban causes
This comment is nearly complete and is currently being edited by the staff of the Lewis & Clark Law Review.