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Kuros
Joined: 27 Apr 2004
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 Posted: Tue Jan 04, 2011 9:58 am Post subject: Europe declines to follow Roe v Wade |
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A surprising ruling from the European Court of Human Rights. It ruled that Ireland's strict prohibitions against abortions "struck a fair balance."
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No right under the Convention was violated in these two instances, the court said by a vote of 11 to 6. Granted, �the process of traveling abroad for an abortion was psychologically and physically arduous� for these women. And granted also that in their particular circumstances, they could have obtained legal abortions in 35 to 40 other countries covered by the Convention. But because Ireland�s law is based �on the profound moral views of the Irish people as to the nature of life,� the court said, Ireland was entitled to an extra �margin of appreciation.� This phrase expresses a measure of deference toward a country�s right within the framework of international law to chart its own domestic course. With its extra margin, Irish law prevailed.
The women�s lawyers had asked the court to take account of the strong trend toward liberalizing European abortion laws, demonstrating, they argued, the existence of a consensus on a matter of international human rights.
The court did take the European consensus into account. But, perversely, it used that fact not on the women�s behalf, but against them, emphasizing Irish women�s ability to travel to any of dozens of countries, with �no legal impediment,� to end their pregnancies. Given that ability, the court concluded, Irish law �struck a fair balance.� |
Fascinating. If you're in Texas, you could drive to your abortion in New Mexico, but if you're in Ireland, you would have to catch a flight. |
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chellovek
Joined: 29 Feb 2008
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| Posted: Tue Jan 04, 2011 4:00 pm Post subject: |
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How about driving over the border into Northern Ireland in the UK?
Edit- crap I forgot the law is indeed different in NI, as Fox pointed out.
I was surprised at the ruling too, although that someone should need a flight out of Ireland whereas a Texan wouldn't is neither here nor there. Flights to the UK are cheap, plus Ireland is an island, so you can't exactly drive anywhere else unless you take the ferry. |
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