Re Application by the Northern Ireland Human Rights Commission for Judicial Review (Law on Termination of Pregnancy in Northern Ireland); Attorney General for Northern Ireland and Another v. Northern Ireland Human Rights Commission

In: International law reports, Band 176, S. 583-709

Abstract

Human rights — Rights of women in Northern Ireland — Right to personal autonomy — Rights of unborn child — Right to life — Prohibition of inhuman or degrading treatment — Right to respect for private and family life — European Convention on Human Rights, 1950 — Northern Ireland abortion laws — Prohibition of abortion except where woman's life threatened or where permanent serious risk to her well-being — Failure to provide exceptions to prohibition in cases of serious malformation of foetus, fatal foetal abnormality and pregnancies due to rape and incest — Whether any ill-treatment under Article 3 of Convention reaching minimum level of severity — Scope of Article 8 of Convention — Whether interference with rights of women — Whether in accordance with law — Whether legitimate aim — Whether necessary in democratic society — Whether means employed proportionate to legitimate aim — Whether law on abortion in Northern Ireland compatible with Articles 3 and 8 of Convention — Section 4(2) of Human Rights Act 1998 — Whether declaration of incompatibility necessaryRelationship of international law and municipal law — Treaties — Interpretation — Application — Effect — European Convention on Human Rights, 1950 — Unincorporated treaties — Effect in Northern Ireland law — Good Friday Agreement — Northern Ireland Act 1998 — Incorporation of European Convention into Northern Ireland law — Northern Ireland abortion laws — Prohibition of abortion — Northern Ireland abortion laws failing to provide exceptions to prohibition of abortion in cases of serious malformation of foetus, fatal foetal abnormality and pregnancies due to rape and incest — State having wide margin of appreciation — Moral views of Northern Irish people — Role of courts and legislature — Whether law on abortion in Northern Ireland compatible with Articles 3 and 8 of Convention — Section 4(2) of Human Rights Act 1998 — Whether declaration of incompatibility necessaryTreaties — Interpretation — Application — Effect in domestic law — European Convention on Human Rights, 1950, Articles 3 and 8 — Vienna Convention on the Law of Treaties, 1969, Article 31(1) — Object and purpose of treaty — Protection of individual human rights — Maintenance and promotion of ideals and values of democratic society — Democracy presupposing pluralism, tolerance and broadmindedness — Margin of appreciation — Moral 584views of Northern Irish people — Role of courts and legislature — Effect of unincorporated treaties in domestic law — Whether law on abortion in Northern Ireland compatible with Articles 3 and 8 of European Convention — Section 4(2) of Human Rights Act 1998 — Whether declaration of incompatibility necessary — The law of Northern Ireland