Medical Law


This question of medical law concerns the specific issue of abortion law in the UK, with the other relevant legal system being the ECHR. Since the Abortion Act 1967, abortion has become more widespread in England and Wales.
The law provides a defence to medical practitioners carrying out abortions. The main condition to be satisfied before an abortion should be performed is that continuing with the pregnancy presents more of a risk to the mother/existing children’s physical/mental health than an abortion. An abortion might also be carried out when there is a substantial risk the child may be born with physical/mental abnormalities. The reality is that abortion is now easily obtainable in the UK. Do we now have de facto abortion on demand?
Within this context, there are those who argue that a simple, plain language reading of Article 2 ECHR would prohibit abortion unless much more serious and stringent conditions were to apply. Note that this is the case in certain other ECHR jurisdictions.

The European Convention on Human Rights 1950 does not specifically prohibit abortion. However, Article 2 seems to suggest the unborn child enjoys a right to life.
Critically analyse how in the context of abortion UK law balances the rights of the unborn child and the rights of the mother?
Guidance notes:

Introduction
The question is naturally focused on legal answers, but be aware that at least part of your analysis is going to have to address the policy and public perceptions challenges – in other words, what are the different arguments for emphasising the rights of the mother over the unborn child and vice versa? A comparative analysis with other jurisdictions will be particularly useful, both within the European continent, but also around the world.

Main Body
You may want to consider UK statute and case law on this issue.
There is some significant ECtHR jurisprudence as well as EU cases (particularly dealing with free movement rights).
There are regular proposals for reform which should be articulated. Consider what the proposers of reform are trying to achieve and why the reforms have not been adopted. You might also consider public opinion and what the prospects for future reform may be.
You should avoid getting bogged down solely in medical matters, such as when a foetus becomes a child. Although medical factors are important to answering the question and may be briefly considered.
You might also consider the arguments and concerns that are introduced by religious considerations. Different religions have different approaches to abortion, based on different definitions of the foetus and a different balancing of the rights of the two individuals.


Conclusion
We would expect some form of conclusion, there is no single answer to the question and the candidates should present an educated research analysis. Your conclusion is up to you. You should not be afraid of arguing for the position you feel passionately about, but it must be a legal argument, based on analysis and logic rather than emotion.