Abortion and Reproductive Rights

Question 1

what was the ratio in - St Goerge Healthcare Trust [1998]

Answer 1

If P has mental capacity their autonomy must be respected regardless of the impact on the foetus

Question 2

What was held in - St Goerge Healthcare Trust [1998]

Answer 2

as P had capacity forcing her to have a C section against her wishes regardless it may result in the foetus death was a violation

Question 3

what was the ratio in - R (on the application of SPUC)

Answer 3

There is a legal distinction between plan B and an abortion

Question 4

Can medical treatment be forced on someone with capacity under any circumstances?

Answer 4

NOOOOOOO

Question 5

what was held in - Paton [1971]

Answer 5

As a foetus doesn’t yet have a ‘seperate existence from its mother’, abortion doesn’t violation ECHR art 2 (right to life)

Question 6

when does a foetus develop rights at law

Answer 6

at the point of ‘seperate existence from its mother’ (Paton 1971)

Question 7

what was the ratio in - A, B and C v Ireland (2011)

Answer 7

ECHR art 8 (right to privacy and family life) imposes no right to abortion just a right to seek an abortion

Question 8

what was held in - A, B and C v Ireland (2011)

Answer 8

although all three applicants had the right to seek abortion it did not violate ECHR art 8 (right to privacy and family life) to refuse 2/3 applicants on the basis there condition was not severe enough as there is no right to receive an abortion

Question 9

is there a right to receive an abortion in UK law?

Answer 9

no, only the right to seek an abortion (A, B and C v Ireland 2011)

Question 10

what was held in - Paton 1980

Answer 10

although it is a violation of a mans ECHR art 8 (right to family) to force him to become a father against his wishes, it would be a more significant violation of the mother of the unborn Childs ECHR art 8 right to force her to have an abortion thus revoking her autonomy

Question 11

what was held in - Evans v The UK

Answer 11

was a violation of the mans art 8, right to family and privacy, to use his sperm without his consent outweighed the violation of the woman’s ECHR art 8 right even though this was her last chance to have children

Question 12

OAPA 1861

Answer 12

offence against the person act 1967

Question 13

OAPA s58

Answer 13

unlawful to procure your own miscarriage

Question 14

OAPA s59

Answer 14

Unlawful to assist anyone to procure their own miscarriage

Question 15

AA 1967

Answer 15

Abortion ACT

Question 16

AA s1(1)(a)

Answer 16

s58 and s59 defence if the abortion is performed by a ‘registered medical practitioner’ on a foetus of up to 24 weeks and the pregnancy is deemed to be a ‘greater risk’ to the mother than if it was to continue

Question 17

OAPA s1(1)(b)

Answer 17

defence to OAPA s58 and s59 for an abortion of a foetus after 24 weeks if theres a ‘risk of grave permanent injury’ physical or mental to the pregnant woman

Question 18

OAPA s1(1)(c)

Answer 18

Defence of s58 and s59 for an abortion of a foetus after 24 weeks if there is a ‘risk to the life’ of the pregnant woman

Question 19

what was held in - Clair Pierson (2023)

Answer 19

was murder and an offence under OAPA s58 for a woman to use drugs to procure her own abortion

Question 20

What was held in - Montgomery (2023)

Answer 20

The AA doesnt provide a right to an abortion , meerly it provides a right to seek an abortion

Question 21

What was held in - Dr Bourne’s Case

Answer 21

OAPA s59 offence of helping a 14 year old rape victim have an abortion was defensible under the AA as the abortion was essential for ‘preserving the life of the mother’

Question 22

AA s1(1)(d)

Answer 22

OAPA s58 and s59 defence to abort a foetus up to 28 weeks if there is a ‘substantial risk’ the child will be ‘severely` handicapped’

Question 23

What was held in - Jepson v Chief Constable [2003]

Answer 23

AA s1(1)(d) defence to OAPA s59 was available to a doctor abortion a child with a clef pallet

Question 24

what was held in - Crowter

Answer 24

it would violate a woman’s autonomy to prevent an AA s1(1)(d) abortion for sever handicap more than it would infringe on any ECHR or UNCRPD rights to equality

Question 25

under what circumstances can you get an abortion up to 24 weeks

Answer 25

any circumstance in which the risk to the mother, mental or physical is greater than if she were to not have the child (AA s1(1)(a))

although there is no right to have an abortion, only to seek one, there has been no cases so far where it has been held the risk is not great enough for an abortion

Question 26

under what circumstances can a mother have an abortion after 24 weeks (3 circumstances)

Answer 26

risk of physical or mental ‘grave permanent injury’ to the mother (AA s1(1)(b))

risk to the mothers life (AA s1(1)(c))

serious risk of the child being born with physical or mental handicaps (AA s1(1)(d))

Question 27

AA s4

Answer 27

conscientious objection clause - healthcare professionals have no duty to preform an abortion if they have a conscientious objection to the practice

Question 28

what was held in - Doogan [2014]

Answer 28

can conscientiously object to engaging in the procedure of an abortion but cannot refuse to engage with all the other elements of an abortion P’s care such as the admin work

Question 29

what are the limits of conscientious objection?

Answer 29

can conscientiously object to performing or assisting in the performance of an abortion, but cannot refuse to engage with the P and other elements of their care completely.

The objection is limited to the procedure itself

Question 30

HFEA 2008

Answer 30

Huamn Fertilisation and Embryology Act 2008

Question 31

HFEA 2008 s3

Answer 31

criminal offence to create or store a human embryo without a license

Question 32

HFEA s4

Answer 32

prohibition on storing or using gamets without a license with the exception of fresh donor sperm

Question 33

HFEA s13(5)

Answer 33

welfare clause - in deciding if IVF should be administered the future welfare of the child should be considered

Question 34

what happened in - Mellor [2001]

Answer 34

due to the nature of prison and the fact that congeal visits are not UK standard it was held to be a permissable infringement on ECHR art 8, right to family,

Question 35

What happened in - Dickson [2007]

Answer 35

held that it would violate ECHR art 8, right to family, to deny a prisoner the right to make a sperm donation as his wife wouldn’t be able to naturally conceive when he would be released

Question 36

what happened in - Rose v Secretary of State

Answer 36

held ECHR art 8, right to family, supported the imposition of the policy that any child born after 2003 when they turn 18 has the right to acquire information about their birth parents, however art 8 doesn’t support the right to a relationship with such biological parents

Question 37

is there a right to know who your biological parents are

Answer 37

every child born after 2003 has the right when they turn 18 to request information re their biological parents, however, there is no right to a relationship with these people

Question 38

HFEA regulations 2024 r2(3)

Answer 38

HFEA will provide biological parent information upon request

Question 39

HFEA schedule 3

Answer 39

clear consent in required for donor gamet use

Question 40

Blood [1997]

Answer 40

was an offence to retrieve her husbands gamets whilst he was in a coma but not an offence to transport his gamets internationally to receive IVF services, to restrict her from doing such would be an infringements of her rights under the treaty of the articles of Rome

Question 41

what happened in - Ted Jennings (2022)

Answer 41

surrogate was able to have a deceased woman’s eggs implanted without her express consent as there was sufficient evidence that before her death she intended to start a family

Question 42

can donor gamets be used without consent

Answer 42

only if the gamets were collected prior to death and there is clear evidence that prior to death the deceased intended to use them