Abstract
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.
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E. Fegan R. Rebouche (2003) ArticleTitle‘‘Northern Ireland’s Abortion Law: The Morality of Silence and the Censure of Agency’‘ Feminist Legal Studies, 11 221–254
A. Furedi (Eds) (1995) The Abortion Law in Northern Ireland: Human Rights and Reproductive Choice Family Planning Association Northern Ireland Belfast
Hewson, B., “The Law of Abortion in Northern Ireland’’. Public Law (2004 Summer), 234–245
E. Lee (Eds) (1998) Abortion Law and Politics Today Macmillan Basingstoke
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.pdf
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.pdf
C. Roulston C., Davies (Eds) (2000) Gender, Democracy and Inclusion in Northern Ireland Houndsmill Palgrave
S Sheldon (1997) Beyond Control: Abortion Law and Medical Power Pluto London
L. Smyth (2002) ArticleTitle‘‘Feminism and Abortion Politics: Choice, Rights and Reproductive Freedom’‘ Women’s Studies International Forum 25 335–345 Occurrence Handle10.1016/S0277-5395(02)00256-X
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Fletcher, R. Abortion Needs or Abortion Rights? Claiming State Accountability for Women’s Reproductive Welfare. Feminist Legal Stud 13, 123–134 (2005). https://doi.org/10.1007/s10691-005-1459-0
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DOI: https://doi.org/10.1007/s10691-005-1459-0