"Braxton Hick's" or the birth of a new era? Tracing the development of Ireland's abortion laws in respect of European Court of Human Rights Jurisprudence

In Ireland, Article 40.3.3 degrees of Bunreacht na hEireann (the Irish Constitution) guarantees the right to life of the unborn child and the equal right to life of the mother. Abortion in Ireland is permissible only where there is a real and substantial risk to the mother's own life. Since Ireland became a signatory to the European Convention on Human Rights in 1950,2 there have been concerns that it could result in Ireland being compelled to introduce a right to abortion. This article commences with a review of the extant law on abortion in Ireland, tracing the Constitutional protection afforded to the unborn child. The article will discuss the impact of the European Court of Human Rights' jurisprudence in regard to access to abortion and to information on abortion services in Ireland in an effort to ascertain if it really has resulted in a radical change to Irish abortion laws. As such, it will also be necessary to examine the more recent decisions of the ECtHR such as Tysiac v. Poland, and A, B, and C v. Ireland, to determine both the approach of the ECtHR to access to abortion in general and also to consider if it has resulted in a liberalisation of abortion law in Ireland.     

Crime in the 2016 Presidential Election: a new era?

Issues pertaining to crime and criminal justice have long been part of presidential campaigns. Voters want to know how candidates plan to solve the problem of crime and keep them safe. In turn, candidates respond to voters’ concerns and describe their crime control ideas in hopes of increasing voter support. In doing so, they often rely on symbolic statements that provide little detail but make people “feel good”. This study analyzes the criminal justice rhetoric used by the three major presidential candidates in the 2016 election cycle to determine what issues they discussed and how often. The analysis also examines if candidates relied on symbolic statements, and how the issues were debated between the candidates. The findings show that the issues discussed were somewhat different than in previous years, and that the candidates relied on symbolic statements about crime – a change from the previous election cycle. Additionally, the candidates used crime control as a way to reach out to voters in their own political party, suggesting an interesting shift in how issues of criminal justice are being approached within elections.     

The uncertain future of data retention laws in the EU: Is a legislative reset possible?

The article discusses the CJEU's most important case law, including interpretations presented in recent cases relating to data retention for both national security purposes (Privacy International, La Quadrature du Net) and the fight against serious crime (H.K). The analysis is a starting point for discussing the draft e-Privacy Regulation, in particular a controversial proposal introduced by the EU Council that may limit the Court's jurisdiction in cases involving data retention rules that cover state security.Negotiated over the past five years, the draft e-Privacy Regulation fleshes out EU data protection rules governing electronic communication services. As a result, the way in which obligations under the Regulation are defined is critical in setting a standard for retention rules consistent with CJEU case law for decades to come. At the same time, succumbing to pressure from Member States may have the opposite result – the emergence of new ambiguities concerning not only the admissibility of data retention but also the competence of EU institutions to regulate this area of the telecommunications sector.     

The external occipital protuberance: can it be used as a criterion in the determination of sex?

Sex determination of a corpse can be problematic in cases where the body is damaged. Useful criteria would assist in the identification of sex in such cases. The goal of this study is to determine the usefulness of the external occipital protuberance (EOP) in the determination of sex, especially in lateral cranium radiographs. The types and configurations of the EOP were investigated on normal lateral cranium radiographs of 1000 subjects (500 males and 500 females) and 694 dry-skull remains (371 males and 323 females) from a 16th Century Anatolian population for the purpose of sex determination. In the radiographic examination, the incidence of less prominent (Type 1) EOP is found to be 85.4% in females whereas 17.8% in males. The spine type (Type 3) EOP is found to be 63.4% in males and to be 4.2% in females. On the other hand, studies of dry-skull remains revealed the incidence of Type 1 EOP to be 67.5% in females and Type 3 EOP to be 55.2% in males. The crest type (Type 2) EOP is approximately equal in both sexes and is found to be less valuable for sex determination in both groups.     

The right to health in public health: is this a new approach?

The international human rights community has frequently reaffirmed the importance of full respect for the right to health. However, there remains a large gap between the standards set out in Art 12 of the International Covenant on Economic, Social and Cultural Rights and the situation prevailing in most countries. While there has been a substantial amount of work done to expand upon the content of the right to health, there has been little consideration of what a right to health means for public health programming generally. This article addresses this issue by considering the compatibility of the essential elements of contemporary public health programming practice with the principles contained in General Comment No 14, para 43(f) (a minimum core obligation of the right to health). The article considers that while both contemporary public health practice and para 43(f) do contain compatible elements, the right to health brings with it new elements of monitoring (through right to health indicators) and accountability, both of which will require new tools to be adopted by the public health sector.     

Administrative justice in Wales: a new egalitarianism?

Administrative justice systems are under a variety of pressures, in particular austerity-inspired civil justice reform. I argue that such pressures do not necessitate the decline of administrative justice, and that a developing Welsh model has cross-jurisdictional appeal, especially to legal orders currently lacking a relevant organisational centre and joined-up approach. I examine the efficacy of existing conceptions of administrative justice and delineate a developing Welsh approach grounded in egalitarian principles. The nascent Welsh model emphasises reforming administrative justice hierarchies so that they work harmoniously with regulatory and value-promoting parts of the system, focusing on user perspectives and tackling the risks of less transparent forms of bureaucratic decision-making.     

1-Phenylethylamines: a new series of illicit drugs?

Since 1993 many seizures of 1-phenylethylamine have been made in several European countries. It was originally thought that 1-phenylethylamine had been made in error, but later information suggested that it had been prepared deliberately. The related compounds, 1-amino-1-(4-methylphenyl)ethane and 1-methylamino-1-phenylethane and the 1-propanamine isomer of 3,4-methylenedioxyamphetamine, have also occurred in isolated cases. Analytical data are presented on these amines as well as a number of Leuckart impurities in 1-phenylethylamine. The pharmacological effects of these substances are largely unknown.     

The concept of exceptionality: a legal farce?

How do we decide which treatments should be offered by the National Health Service (NHS) when we cannot afford to fund them all? In the absence of a positive appraisal by the National Institute for Health and Clinical Excellence (NICE), which mandates the provision of a treatment by the NHS, Primary Care Trusts (PCTs) are free to decide whether to provide a particular drug to some, or all, of their population. However, as public bodies, it is a well-established principle of Administrative Law that PCTs are not at liberty to fetter the exercise of their own discretion. They must recognise the possibility that some patients will have exceptional circumstances, and as a consequence, any general policy prohibiting the funding of a drug cannot be absolute. In the absence of statutory guidance on what might constitute exceptional, clinicians are left guessing as to whether their patients might be eligible for funding on the grounds of exceptionality. Using the context of expensive cancer drugs, I will examine the concept of exceptionality from clinical, moral, and legal perspectives, focussing particularly on the role of social factors in determining exceptionality. I will review the cases where PCTs' decisions not to fund cancer drugs were subject to legal action and argue that the courts have provided little guidance on interpreting the term exceptional, and that the concept has a limited role to play in the allocation of scarce health resources at a local level.