Dancing on the head of a pin? Foetal life and the european convention

Feminist Legal Studies 13 (3):363-375 (2005)

Abstract
The case of Vo v. France represents the latest phase of the European Court of Human Rights’ thinking on the scope of Article 2 of the European Convention on Human Rights (the right to life) in relation to foetal life where a foetus had been lost owing to a medical accident. The Court by a majority decided that, “even assuming” Article 2 applied to the instant case (albeit to the life of the pregnant woman rather than that of the foetus), it had not been violated. While the facts in Vo were extreme and exceptional, the Court will shortly hear the case of D v. Ireland concerning access to abortion for foetal anomaly, an application made under Articles 3, 8, 10 and 14 of the European Convention. If the case of D were declared admissible, the Court would then have to consider whether a denial of access to abortion for foetal anomaly constitutes inhuman and degrading treatment contrary to Article 3, or an interference with a pregnant woman’s right to respect for private life under Article 8 (and if so, how the doctrine of the margin of appreciation applies). The Grand Chamber precedent of Vo displays ambivalence about whether Article 2 should apply to foetal life, and its resort to the “even assuming” formula spared Member States the difficulty of having to justify their various abortion regimes, by reference to this Article. It remains to be seen whether in a case like D that is directly concerned with abortion, the Court will take a more definite stance on the correct balance to be struck between the State’s interest in protecting foetal life and the Convention rights of pregnant women
Keywords abortion  foetus  information  life  maternity care  medical malpractice  unintentional homicide
Categories (categorize this paper)
DOI 10.1007/s10691-005-9009-3
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 43,914
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Natural Law as Biolaw.Stefan Kirchner - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (1):23-39.
Reproductive Autonomy and the Ethics of Abortion.Barbara Hewson - 2001 - Journal of Medical Ethics 27 (suppl 2):10-14.
Doubts About a Classic Defence of Abortion.Jo Difford - 2011 - Human Reproduction and Genetic Ethics 17 (1):122-129.

Analytics

Added to PP index
2013-11-24

Total views
4 ( #1,097,083 of 2,266,272 )

Recent downloads (6 months)
1 ( #850,735 of 2,266,272 )

How can I increase my downloads?

Downloads

My notes

Sign in to use this feature