Reproductive rights (including Repeal the 8th)


#1

I think this deserves its own thread.

The UK Supreme Court has just ruled by a majority of 3 to 2 that the UK government can stop women from Northern Ireland accessing abortions on the NHS, even when they are in England. This was the UK government fighting an appeal by a UK citizen who was a child at the time of having to pay for her abortion. Anyone assuming they’re not going to concede anything on women’s rights and LGBT rights to the DUP should probably read this.

summary: https://www.supremecourt.uk/cases/docs/uksc-2015-0220-press-summary.pdf

full judgement: https://www.supremecourt.uk/cases/docs/uksc-2015-0220-judgment.pdf


#2

That’s absolutely fucked up.


#3

Fucking disgraceful.

What’s the legal grounding for that? Is healthcare devolved or something?


#4

it’s set out in the summary… maybe they can go to the European Court of Human Rights before Theresa May can take away that right!


#5

I consider(ed) myself to be a centrist. But probably just scud missile 10 Downing Street at this point?


#6

I’m not clever enough to properly take in legal documents tbh, is this the key section: “A difference of treatment between UK citizens present in England on the grounds of usual residence falls within the scope of “other status” for the purposes of article 14”

Like “other status” is vague enough for it to be deemed applicable here?


#7

I’ve not read it in detail but I think it turns on whether it’s compatible with article 8 right (private and family life) and article 14 (non-discrim) for health care to be unevenly delivered in this way. they have treated it as if she was going to access any other procedure that wasn’t available to her locally on the NHS.

It’s interesting that Lady Hale, the only woman, took a different view. She thinks anyone who is resident anywhere in the UK should be able to travel to access a free abortion, and maybe even anyone from anywhere in the world.

From Lord Wilson’s judgement:

’ Lady Hale also suggests that the duty of the NHS in England to provide abortion services extends even to foreign citizens present in England; but its entitlement to charge such citizens, which Lady Hale recognises, might not negate the effect of the suggested extension on the functioning of the service. Irrespective, however, of its precise extent, the duty proposed to be cast upon the respondent by Lord Kerr and Lady Hale would, in my view, precipitate both a substantial level of health tourism into England from within the UK and from abroad and a near collapse of the edifice of devolved health services.’


#8

Right, got ya. Thanks DazBaz, you are extremely good at explaining things to people who are less smart than you :thumbsup:


#9

in real life I just sit about making cat noises


#10

my understanding of abortion as an issue used to be very basic, i pretty much knew nothing about it - the only conversation i’d ever had relating to it was when someone mentioned in passing (no idea why) that the thing we were talking about was like the two sides of the abortion argument. you’re either pro life or pro choice, it’s not like it’s pro life or pro death. therefore pro choice is the reasonable side of the argument to take

then last year i saw a poet called Julie do a spoken word piece, written like a letter to the pro life movement and it absolutely floored me. one example of the things in it: IVF treatment unavoidably involves the destruction of fertilised eggs, but the pro life movement don’t seem to have a problem with this.

i spoke to julie afterwards and somehow ended up convincing her a few months later that i could write music to go with her poems

here’s the one about the pro life movement

(cheeky JAG but it is relevant)


#11

yeah I would call them anti-choice rather than pro-life


#12

#13

I don’t see how this is at all compatible with EU law


#14

its astonishing that this is a thing. how can some uk nationals not have the same rights as others? i cant get my head round how this can be ruled to be ok, its outrageous


#15

made that a pic to avoid doxing


#16

Is NI residents having an abortion illegal? I can’t work it out…


#17

whats SRHR?

edit: sexual and reproductive health and rights, googled it


#18

it really shows the importance of things like this being framed in human rights terms - it’s not just any old medical procedure. it’s one which is fundamental to ensuring women and girls can lead equal independent lives and exercise many other rights.


#19

sexual reproduction human robocop


#20

sorry, sexual and reproductive health and rights. it’s the human rights term for abortion, contraception, maternal health care, genitourinary medicine etc. taken together as a whole.