UK Constitutional Law Association
Introduction
On the 7 December 2022, the judgment of the UK Supreme Court in theReference by the Attorney General for Northern Ireland – Abortion Services (Safe Access Zones) (Northern Ireland) Bill(‘SAZ’) affirmed the legality of a measure aimed at strengthening the exercise of the right to abortion in Northern Ireland (NI). The case concerned a challenge to the legislative competency of the Northern Ireland Assembly (‘the Assembly’) to introduce a Bill curbing the right to protest outside of abortion clinics, which the Attorney General for Northern Ireland (‘AG’) contented to be incompatible with guarantees under the European Convention on Human Rights (‘ECHR’ or ‘the Convention’). The Bill intended to protect those accessing abortion clinics from harassment by creating“safe access zones” around the clinics, within which it would be an offence to influence a protected person, whether directly or indirectly[Clause 5(2)(a)]. This measure was considered necessary to…
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