A. B. and C. versus Ireland |
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Authors: | Katherine Side |
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Affiliation: | 1. Department of Women's Studies &2. Programme Coordinator, Law and Society Programme SN 4084 , Memorial University of Newfoundland , P.O. Box 4200, St. John's, Newfoundland, Canada , A1C 5S7kside@mun.ca |
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Abstract: | This article analyses some possible political implications of the case and the decision in A. B. and C. v. Ireland at the European Court of Human Rights. This case was heard in a public hearing on 9 December 2009; the judgment was provided in December 2010. I argue that the three applicants in this case employed a novel strategy, not previously considered, to access legal abortion in the Republic of Ireland. By highlighting the varied circumstances of unintended pregnancy in more than a single instance, the applicants utilized an offensive manoeuvre to which the government is unlikely to respond consistently over time. They exposed Irish governments' use of clandestine political negotiations in relation to European treaties, the questionable exertion of governments' authority to uphold political and moral agendas and racialized constructions of Irishness and national interests. The applicants also raised serious questions about state practices in the Republic of Ireland in relation to its legal obligation to uphold human rights under the European Convention. However, I argue that it is unlikely that this novel strategy and legal decision and their political implications are enough to adequately address the lack of access to legal abortion in the Republic of Ireland. |
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Keywords: | abortion Republic of Ireland human rights European Court of Human Rights |
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