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Abortion by telemedicine in the European Union
Tamara Hervey1, Sally Sheldon2
1Jean Monnet Professor of European Union Law, School of Law, Sheffield University, Sheffield, UK.
Abstract:
This paper analyses an important set of legal issues raised by the telemedical provision of abortion pills. Focusing on the case of European Union (EU) law, it suggests that a properly accredited doctor seeking to treat a patient with abortion pills is entitled, in principle, to rely on EU rules of free movement to protect their access to patients in other member states, and women facing unwanted pregnancies likewise have legal rights to access the services thus offered. EU countries seeking to claim an exception to those rules on the basis of public health or the protection of a fundamental public policy interest (here, the protection of fetal life) will face significant barriers.
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