DECLARATIONS OF INCOMPATIBILITY

June 7, 2018

The Northern Ireland Human Rights Commission had no standing to seek a declaration that abortion law in Northern Ireland was incompatible with ECHR art.3 and art.8 because it had not instituted proceedings by identifying any unlawful act or any actual or potential victim. Although the Supreme Court therefore had no jurisdiction to make a declaration of incompatibility, it considered that the current law was disproportionate and incompatible with art.8 insofar as it prohibited abortion in cases of fatal foetal abnormality and where pregnancy resulted from rape or incest.

ABORTION art.8 CRIMINAL LAW DECLARATIONS OF INCOMPATIBILITY ECHR 1950 art.3 HEALTH INCEST INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT JURISDICTION LOCUS STANDI NORTHERN IRELAND NORTHERN IRELAND HUMAN RIGHTS COMMISSION OFFENCES AGAINST THE PERSON RAPE RIGHT TO LIFE RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE

July 23, 2009

The Sexual Offences Act 2003 s.82 was incompatible with the European Convention on Human Rights 1950 art.8 in subjecting certain sex offenders to notification requirements indefinitely without the opportunity for review. As a matter of principle, an offender was entitled to have the question of whether the notification requirements continued to serve a legitimate purpose determined on a review.

ABSENCE OF RIGHT OF REVIEW Art.1 art.2 art.27 Art.27(2) Art.4 Art.4(1) Art.4(2) Art.4(3) COMPATIBILITY OF S.82 SEXUAL OFFENCES ACT 2003 WITH ART.8 EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 DECLARATIONS OF INCOMPATIBILITY DIRECTIVE 2004/38 ON FREE MOVEMENT FOR EU CITIZENS AND THEIR FAMILIES 2004 art.4 DIRECTIVE 73/148 ON THE ABOLITION OF RESTRICTIONS OF MOVEMENT AND RESIDENCE WITHIN THE COMMUNITY 1973 art.1 EC LAW EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 EUROPEAN UNION FOREIGN TRAVEL HUMAN RIGHTS NOTIFICATION REQUIREMENTS Part 2 PENOLOGY AND CRIMINOLOGY PROPORTIONALITY Pt 2 RESTRICTIONS REVIEWS RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE RISK OF REOFFENDING s.108 s.114 s.118 s.125 s.5A s.81 s.82(1) s.82(2) s.82(6) s.83 s.83(1) s.83(1)(c) s.83(5) s.83(5A) s.83(6) s.84 s.84(1) s.84(2) s.85 s.85(2) s.85(2)(b) s.86 s.86(1) s.86(2) s.86(2)(a) s.86(3) s.87(1) s.87(4) s.91 s.91(1) s.91(1)(a) s.91(2) Sch.3 SENTENCING SEX OFFENDERS SEXUAL OFFENCES ACT 2003 s.82 YOUNG OFFENDERS

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