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RISKS, REASONS AND RIGHTS: THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND ENGLISH ABORTION LAW.

Rosamund Scott¹

¹Centre of Medical Law and Ethics, The Dickson Poon School of Law, King's College London, London, UK rosamund.scott@kcl.ac.uk.

Medical Law Review

|November 8, 2015

Summary

English abortion law, while seemingly liberal, faces scrutiny under the European Convention on Human Rights. Reforms are suggested, particularly for first-trimester abortions, to align with human rights standards.

Keywords:

Abortion Act 1967 (as amended by the Human Fertilisation and Embryology Act 1990)Article 8 European Convention on Human Rights Reform Rights

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Area of Science:

Legal Studies
Human Rights Law
Medical Ethics

Background:

English abortion law, governed by the Abortion Act 1967, is often perceived as liberal despite not establishing an explicit right to abortion.
The UK's compliance with the European Convention on Human Rights (ECHR) necessitates alignment of domestic laws with convention standards.
Previous analyses suggest English abortion law aligns with European consensus on maternal health grounds.

Purpose of the Study:

To critically evaluate English abortion law against the UK's obligations under Article 8 of the ECHR.
To identify specific provisions within the Abortion Act 1967 that may conflict with human rights requirements.
To explore potential areas for abortion law reform in the UK, focusing on patient autonomy and procedural fairness.

Main Methods:

Analysis of the Abortion Act 1967 (as amended) in conjunction with the Human Rights Act 1998.
Examination of relevant jurisprudence from the European Court of Human Rights concerning abortion and Article 8 rights.
Assessment of the UK's negative and positive obligations under the ECHR in the context of abortion regulation.

Main Results:

Section 1(1)(a) of the Abortion Act 1967 is identified as potentially problematic concerning negative obligations under Article 8, especially during the first trimester.
The UK may be non-compliant due to the absence of a formal review system for decisions made by two doctors regarding abortion requests.
While grounds for lawful abortion align with European consensus, procedural aspects raise human rights concerns.

Conclusions:

English abortion law requires re-evaluation, particularly regarding first-trimester provisions and procedural safeguards.
A shift towards a more autonomy-focused, rights-based approach, with time limitations, is suggested for abortion law reform.
The study highlights the need for reform to ensure full compliance with the European Convention on Human Rights.