IRELAND – The gender injustice of abortion laws

by Joanna N Erdman

Sexual and Reproductive Health Matters 2019;27(1) DOI: 10.1080/26410397.2019.1626181

(Open access)

This commentary is a response to Katarzyna Sękowska-Kozłowska’s article on the treatment of criminal abortion laws as a form of sex discrimination under international human rights law through a study of the communications, Mellet v. Ireland and Whelan v. Ireland. The commentary offers a reading of these communications, and specifically the sex discrimination analysis premised on inequalities of treatment among women, as an engagement with the structural discrimination that characterises abortion laws, and as a radical vision for gender justice under international human rights law.