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ABORTION, NORTHERN IRELAND AND THE NHS IN ENGLAND: CAN RESPECT FOR DEVOLVED GOVERNMENTS BE A JUSTIFICATION FOR DISCRIMINATION?

ABORTION, NORTHERN IRELAND AND THE NHS IN ENGLAND: CAN RESPECT FOR DEVOLVED GOVERNMENTS BE A JUSTIFICATION FOR DISCRIMINATION?

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Abstract: This article comments on the Supreme Court case of R (A) v Secretary of State for Health where the Court divided 3:2 as to whether the refusal of the health secretary to provide abortion services on the National Health Service in England to women from Northern Ireland was unlawful in public law terms and/or a breach of arts.8 and 14 of the European Convention on Human Rights. This article explores the role of international instruments in domestic cases, comparative law on “intersectionality”, and explores the various approaches of the Supreme Court justices to the “respect” owed to devolved governments, before looking at post-judgment events and future further litigation in the European Court of Human Rights.

Keywords: abortion; Northern Ireland; devolution; right to respect for private life; discrimination; intersectionality; UN Conventions

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