Abortion

Question 1

P

Answer 1

A foetus has no rights of its own until it has a separate existence from its mother

Question 2

Vo (EU)

Answer 2

No consensus on the moral status of a foetus
- Indeterminate whether it has protection under Art 2 (Right to Life)

Question 3

Tysiac (EU)

Answer 3

Failure to provide an abortion where a woman would otherwise suffer harm violates her Art 8 right

Question 4

Roe (US)

Answer 4

Recognised a constitutional right to abortion under the 14th Amendment

Question 5

Casey (US)

Answer 5

Limitation of Roe
- Enabled states to make abortion restrictions that were not an ‘undue burden’

Question 6

Dobbs (US)

Answer 6

Overturned Roe
- Abortion is not a constitutional right
- Ie, states can individually decide on the issue

Question 7

Offences Against the Person Act 1861, s 58

Answer 7

Criminal offence:
- Woman terminating her own pregnancy (only if actually pregnant)

Question 8

Offences Against the Person Act 1861, s 59

Answer 8

Criminal offence:
- Assisting a woman terminate her own pregnancy (regardless whether or not actually pregnant

Question 9

Infant (Life) Preservation Act 1921, s 1(1)
-E: Smith

Answer 9

Criminal offence:
- To destroy a child capable of being born alive

Case law:
- Except where the doctor has acted in good faith

Question 10

Abortion Act 1967, s 1

Answer 10

Enables doctors to lawfully assist women with abortions
- In four prescribed sets of circumstances

Question 11

Crowter

Answer 11

Claim that s 1(1)(d) of the Abortion Act 1967 perpetuates discriminatory attitudes and negative stereotypes towards the disabled community

Question 12

Paton

Answer 12

A husband has no right to prevent his wife from having an abortion

Question 13

Abortion (Northern Ireland) Regulations 2020

Answer 13

Decriminalises abortion in Northern Ireland up to 24 weeks