Thursday, 10 December 2009

Ireland’s abortion ban challenge could have far-reaching implications... says the Radio Netherlands Worldwide.

Further to my previous post on the challenge in the ECHR to Irish abortion law, the RNW raises some interesting points:
Ireland’s government contends that the strongly Catholic nation should retain the sovereign right to determine when life begins.
Er...well...yes but Ireland gave up its sovereignty when it ratified the Lisbon Treaty, but we'll let that one pass. Another (my emphasis in bold):
Gregor Puppinck is a lawyer for the Center. He says that the case highlights the conflict between the duties of the nation state and the duties of the European Court. “So the conflict would be between Article 2 [the right to life] and Article 8 [the right to respect private life]”,
I wonder which one will win out in the end?
The case is pivotal in that, regardless of how the Court rules, it will set a precedent regarding the question of whether access to abortion is a basic human right....The case is being watched closely in the United States.

That much is true, but it's interesting that the article avoids the most fundamental far-reaching consequence of them all - that the court is hearing the case at all.

As I wrote here the ECHR is effectively by-passing domestic courts. By even entertaining the arguments is deeply troubling. The plaintiffs have failed to meet procedural requirements to get into court. Article 35/1 of the Convention requires that all possible domestic remedies be exhausted before the ECHR has jurisdiction.

This is not being observed and surely must set another precedent which is outside the ECHR's remit.

It won't be something that we have to concern ourselves for a while yet though:
The Court is expected to rule on the case within the next 12 months.
Don't worry take your time!

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