European Court Ruling Could Affect Irish Abortion Law

From the desk of The Brussels Journal on Wed, 2007-03-21 21:29

A quote from The Irish Times, 21 March 2007

The European Court of Human Rights has found Poland guilty of a breach of human rights in an abortion case that could have implications for Ireland. Three Irish women have taken a case to the court that has similarities with the Polish case. The court may begin hearing the Irish case, lodged in 2005, later this year. [...] The Irish case has been brought by three women, identified as A, B and C, each of whom had abortions in Britain. [...] [A] protocol was attached to the 1992 Maastricht Treaty, which was aimed at ensuring that the European Court of Justice could not introduce abortion in Ireland through any of its judgments. The Court of Human Rights, however, is not subject to this provision.

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Surpreme Courts

Submitted by synd66 on Sun, 2007-03-25 20:51.

http://www.nyfikenvital.info/ A lot of people who lose in the Surpreme Courts around Europe take their cases to the European Court of Human Rights. I don't know how it works in Ireland, but in Norway rulings from the ECHR have no direct consequence for the decision of the Surpreme Court, but ECHR rulings are in certain cases (for instance those concerning deportation) referred to as a source of law in later trials. Unfortunately this opens for a lot of activism in the legal system. It's a way to circumvent the democratic process.
In sweden it works

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Activism

Submitted by xyan on Thu, 2007-03-22 18:32.

A lot of people who lose in the Surpreme Courts around Europe take their cases to the European Court of Human Rights. I don't know how it works in Ireland, but in Norway rulings from the ECHR have no direct consequence for the decision of the Surpreme Court, but ECHR rulings are in certain cases (for instance those concerning deportation) referred to as a source of law in later trials. Unfortunately this opens for a lot of activism in the legal system. It's a way to circumvent the democratic process.

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