Abortion Needs or Abortion Rights? Claiming State Accountability for Women’s Reproductive Welfare
The Family Planning Association Northern Ireland (F.P.A.N.I.) has recently been successful in holding the state accountable for its duty to safeguard women’s reproductive health and welfare, and clarify the circumstances in which abortion is lawful. By demanding that the Minister for Health investigate abortion provision and produce abortion guidance, F.P.A.N.I. hope to improve the quality of abortion services and alleviate the situation of those women who are legally entitled to abortion in Northern Ireland but cannot access it there. This action has challenged a public failure which impacts most negatively on those women who cannot easily escape its effects. Although the case succeeded in shaming the state for such a failure, the judicial review strategy could not challenge the legal ethos which denies women a say over their reproductive lives. This case commentary argues that pro-choice strategic litigation needs to positively and generally assert women’s reproductive rights at the same time as it seeks to accommodate the needs of the most vulnerable.
Key wordsabortion duties needs rights state welfare
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- Fegan, E., Rebouche, R. 2003‘‘Northern Ireland’s Abortion Law: The Morality of Silence and the Censure of Agency’‘Feminist Legal Studies,11221254Google Scholar
- Furedi, A. eds. 1995The Abortion Law in Northern Ireland: Human Rights and Reproductive ChoiceFamily Planning Association Northern IrelandBelfastGoogle Scholar
- Hewson, B., “The Law of Abortion in Northern Ireland’’. Public Law (2004 Summer), 234–245Google Scholar
- Lee, E. eds. 1998Abortion Law and Politics TodayMacmillanBasingstokeGoogle Scholar
- Northern Irish Human Rights Commission, Progressing a Bill of Rights for Northern Ireland (Belfast: April 2004) available at: http://www.nihrc.org/documents/pubs/bor/BOR Progress Report Apr04.pdfGoogle Scholar
- Rossiter, A. & Sexton, M., The Other Irish Journey: A Survey Update of Northern Irish Women attending British Abortion Clinics 2000/2001 (London: Voice for Choice and M.S.I., 2001) http://www.mariestopes.org.uk/pdf/the-other-Irish-journey.pdfGoogle Scholar
- Roulston, C.Davies, C., eds. 2000Gender, Democracy and Inclusion in Northern IrelandHoundsmillPalgraveGoogle Scholar
- Sheldon, S 1997Beyond Control: Abortion Law and Medical PowerPlutoLondonGoogle Scholar