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Elizabeth Wicks, A, B, C v Ireland: Abortion Law under the European Convention on Human Rights, Human Rights Law Review, Volume 11, Issue 3, September 2011, Pages 556–566, https://doi.org/10.1093/hrlr/ngr015
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Extract
1. Introduction
The recent case of A, B, C v Ireland1 represents a new chapter in the continuing saga of abortion law under the European Convention on Human Rights. Previous cases have shared a common theme: the European Court of Human Rights’ reluctance to substitute its own views on abortion for those of the contracting parties. Key issues such as the status of the foetus under the right to life, and whether pregnancy has a public aspect as well as pertaining to private life, have been left undecided or ambiguous by the Court, while great emphasis has been placed on the role of the margin of appreciation in enabling states to strike their own balance between the foetus and the pregnant woman. The A, B, C case presented a new opportunity for a Grand Chamber of the Court to tackle some of these open questions. Would Ireland be permitted to prioritise foetal life over women's health, or would the Court finally set some boundaries for state discretion on this emotive and divisive question?