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Standing and the Northern Ireland Human Rights Commission

Research output: Contribution to journalArticle

Original languageEnglish
Pages (from-to)525-548
Number of pages24
JournalModern Law Review
Volume82
Issue number3
Early online date14 Mar 2019
DOIs
DateAccepted/In press - 6 Feb 2019
DateE-pub ahead of print - 14 Mar 2019
DatePublished (current) - 1 May 2019

Abstract

On 7th June 2018, the UK Supreme Court held that the Northern Ireland Human Rights Commission (NIHRC) did not have standing under the Northern Ireland Act 1998 (NIA) and Human Rights Act 1998 (HRA) to challenge the legality of abortion law in Northern Ireland. This article argues that while a literal reading of the NIA exposes its inconsistencies, a purposive reading of both the NIA and HRA indicates that the NIHRC should have had standing. The article seeks to highlight the unique democratic function of the NIHRC in a consociational setting in protecting rights that are not represented along ethno-national lines. It also considers the negative ramifications that the judgment will have on women who have been victims of the legislative regime and seek to challenge the compatibility of Northern Irish abortion law with the HRA in the future.

    Research areas

  • Abortion, Victim, Human Rights Act 1998, Northern Ireland Act 1998, Consociational Constititionalism, Devolution

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  • Full-text PDF (accepted author manuscript)

    Rights statement: This is the author accepted manuscript (AAM). The final published version (version of record) is available online via Wiley at https://doi.org/10.1111/1468-2230.12417 . Please refer to any applicable terms of use of the publisher.

    Accepted author manuscript, 416 KB, PDF document

    Embargo ends: 14/03/20

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