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R (A and B) v Secretary of State for Health: United Kingdom Supreme Court: Lady Hale DPSC, Lords Kerr, Wilson, Reed and Hughes JJSC, 14 June 2017 NHS England – abortion services – Northern Ireland – Articles 8 and 14 ECHR
Ist Teil von
Ecclesiastical law journal, 2018-05, Vol.20 (2), p.235-236
Ort / Verlag
Cambridge: Cambridge University Press
Erscheinungsjahr
2018
Link zum Volltext
Quelle
Alma/SFX Local Collection
Beschreibungen/Notizen
The issues before the Court were whether the Secretary of State's failure to exercise his power to require the NHS to provide abortion services to women ordinarily resident in Northern Ireland was a failure to discharge his duty under section 3 of the National Health Service Act 2006 to take such steps as he considers necessary to meet all reasonable requirements for services and whether that continuing failure infringed Articles 14 (prohibition of discrimination) and 8 (right to respect for private and family life) of the European Convention on Human Rights.[...]the aim of the Secretary of State's decision in relation to women who were UK citizens but usually resident in Northern Ireland was to stay loyal to a legitimate scheme for health services to be devolved and was rationally connected to his decision not to make the direction sought by the appellants; with that aim in mind, he could not have reached any decision less intrusive upon their Article 8 rights.The Secretary of State's position struck a fair balance between their rights and the interests of the UK community as a whole and was not discriminatory; moreover, extending the duty would result in health tourism to England.