Right to Life

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Abortion on Demand and the European Convention on Human Rights

Director of the European Centre for Law and Justice (ECLJ), Expert at the Council of Europe. This article synthesises a section of a study on “Abortion and the European Convention on Human Rights” that will be published in the coming weeks. The European Court of Human Rights (the Court) has issued several judgments on abortion, especially in recent years since the fundamental ruling of the Grand Chamber in A. B. and C. v. Ireland of 2010. In those cases, the Court found violations of the European Convention on Human Rights (the Convention) in specific situations where the life or the health of the pregnant woman was endangered, or when the pregnancy was the consequence of a rape. The purpose of this article is firstly to identify the rationale of the Court on the matter of abortion, and secondly to observe how it applies to the vast majority of abortions practiced, i.e. “abortion on demand”, also called on request:  abortions that are not justified by a matter of health, life or rape, but by the free…

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An Easy Exam Question on the Right to Life

You are a police officer, patrolling an area known to be a favourite hunting ground of a serial killer. The killer has managed to elude all efforts to track him down so far. All you know about him is that he is a total slave to ritual, killing with a knife a single female victim on the first…

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UK Supreme Court Decides R (Smith) v SSD

Today the UK Supreme Court decided R (Smith) v Secretary of State for Defence [2010] UKSC 29 (press summary), yet another fascinating addition to the unfolding saga on the extraterritorial application of human rights treaties. The plaintiff was the mother of a UK soldier stationed in Iraq who died there from a severe heatstroke. She demanded an inquiry…

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The European Court’s Admissibility Decision in Al-Saadoon

Today a Chamber of the European Court of Human Rights made public its admissibility decision in Al-Saadoon and Mufdhi v. United Kingdom, App. No. 61498/08, a very important case. In brief, the facts are these: the applicants were detained by UK forces in Iraq, and first complained to English courts, and then to the European Court, that…

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The European Court on Domestic Violence

Today the European Court of Human Rights delivered an important judgment dealing with domestic violence in Turkey. The case is Opuz v. Turkey, Application no. 33401/02, 9 June 2009. The Court found violations of Articles 2 and 3 ECHR, because Turkey failed to fulfill its due diligence obligations to do all that it could have reasonably done…

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