Professor Siobhán Mullally:

I wish to comment specifically on that. In the case law of the European Court of Human Rights, it has been stated repeatedly by the court that there is no consensus among contracting states to the convention on the moment human life begins. In that context, the reasoning in Article 8 suggests a significant margin of appreciation has been allowed. In the practice of international human rights law, there is nothing that prevents protection for prenatal life. However, in terms of what the UN human rights treaty bodies have said, for example, the draft general comment on the right to life from the UN Human Rights Committee suggests this should not preclude the protection of a woman's rights to have access to abortion, which is seen as part of the right to life, the right to health, the right to be free from inhuman and degrading treatment and as part of the right to privacy and non-discrimination. That is the context.