Pro-choice academics set out legal analysis of abortion bill

Pro-choice academics set out legal analysis of abortion bill

Máiréad Enright

Four legal academics with pro-choice group Lawyers for Choice have published a legal analysis of the updated General Scheme of the Health (Regulation of Termination of Pregnancy) Bill 2018.

The paper, published online, has been written by Máiréad Enright, senior lecturer at Birmingham Law School; Dr Ruth Letcher, senior lecturer in medical law at QMU London; Professor Fiona de Londras, professor of global legal studies at Birmingham Law School; and Dr Vicky Conway, lecturer at DCU School of Law & Government.

Ms Enright told Irish Legal News: “We have written the position paper to inform public and activist engagement with the proposed legislation”.

The content of the paper was informed by a workshop hosted in Dublin by Lawyers for Choice at the end of July and attended by over 60 people.

Its key recommendations include the removal of abortion as a criminal offence, the inclusion of interpretative principles for the legislation as a whole, and the use of trans-inclusive language.

It also makes points around accountability, suggesting that lawyers could sit on the proposed panels reviewing refusals of abortion care, and the legislation should stipulate remedies in case of wrongful delay or denial of abortion care.

The legislation should also provide, they say, for an independent, human-rights-oriented review of its operation, similar to that provided for in the Gender Recognition Act 2015.

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