RA + Abortion cases

S.H. and Others v Austria

RA is a ‘form of expression of private and family life’

P v BPAS

Foetus has no rights until born

Vo v France

No ECtHR consensus on fetal rights

Tysiac v Poland

Denial of access to reproductive health services breached art8

Roe v Wade [1973]

Constitutional right to abortion in US

Planned Parenthood v Casey

Reaffirmed Roe but allowed restrictions unless an ‘undue burden’

Dobbs v Jackson [2022]

Overturned Roe, not a constitutional right, state regulated

Crowter v Secretary of State for Health

Claimants argued s1(1)(d) was not compatible with art8 or 14 ECHR. Court upheld its legality

Paton v BPAS

‘Abortion Act gives no right to a father to be consulted.’ Father has no legal right to stop an abortion. C v S affirmed

NIHRC

Previous Northern Ireland law found incompatible w art8 but no declaration of incompatibility was made