Human Rights Law In Uk

This essay will discuss the impact Human Rights Law has upon the aspects of domestic family law in the United Kingdom in relation to abortion. It will analyse and provide insight into how Human Rights Law has impacted, if at all, on the law of abortion, as a medical intervention, within the United Kingdom. This essay aims to use case law and legislation as a main source but other sources will be utilised to construct a logical argument on this topic. The essay will focus primarily on abortion law and decisions within the United Kingdom and several other European countries. With specific reference to the United Kingdom, the following Articles of the European Convention on Human Rights shall be considered;

Article 2 – The Right to Life and also,

Article 8 – The right to respect for private and family life.

The main weight of the essay shall focus on Article 2. It will also focus on case law where situations of the human rights law have developed the law on abortion. An overview of the United Kingdom position on abortion shall be considered before the Human Rights aspect is integrated into this work. The consideration of the European dimension is important in light of the European Convention on Human Rights, especially as research has concluded that, “In Europe, 30% of pregnancies end up in abortion”. Indeed, David Steel MP, who was responsible for the private member’s bill which led to the Abortion Act 1967, has stated that he, “never envisaged there would be so many abortions”. Good law requires statute to provide certainty, and whether or not human rights intervention has altered the domestic position shall be analysed within this work.

The United Kingdom and abortion

Within the United Kingdom, abortion is governed by the Aborti...

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...ly been violated in that her ability to implement a decision on whether or not to undertake an abortion had been denied. Similarly, as with the case of R. R. v. Poland, no such challenges under Article 8 on such grounds have been raised by a United Kingdom citizen, proof perhaps, that the intricacies and clearness of domestic law are sound law and compatible with the European Convention on Human Rights.

Overall, the United Kingdom has faced challenges in respect of breaches of human rights elements under the European Convention on Human Rights and more recently, the Human Rights Act 1998. However, specifically on the area of abortion, this is one area that has remained relatively ‘unchallenged’ at domestic level, and as such, it would not be unreasonable or incorrect to assert that here at least, human rights law has not had any direct impact, negative or otherwise.