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The human rights act 1988 and reproductive rights
journal contribution
posted on 2023-06-08, 07:04 authored by Susan MillnsThe Human Rights Act 1998 has sparked a rights revolution in the UK with the incorporation into domestic law of the European Convention on Human Rights. This means an increased role for the judiciary in the interpretation of fundamental rights claims and a greater scope for litigants in pursuing alleged breaches of human rights before thr national courts. In the area of reproduction, while the Convention guarantees neither a 'right to reproduce' nor a 'right not to reproduce', some of its provisions appear to clash with existing national legislative provisions on abortion and new reproductive technologies. An exploration of the various incompatibilities between domestic and European reproductive rights law suggests that the time is ripe for legal challenges by individuals and by both pro- and anti-choice organisations.
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Publication status
- Published
Journal
Parliamentary AffairsISSN
0031-2290Publisher
The Hansard SocietyExternal DOI
Issue
3Volume
54Page range
475-493Pages
18.0Department affiliated with
- Law Publications
Full text available
- No
Peer reviewed?
- Yes
Legacy Posted Date
2012-02-06Usage metrics
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