Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Resolution issues Brexit notes for family lawyers ahead of IP completion day
Family lawyer organisation, Resolution, has issued two joint notes to assist family lawyers in England and Wales ahead of the end of the Brexit transition/implementation period at 11 pm on 31 December...
Online filing is real-time on New Year's Eve: practice direction change to accommodate EU withdrawal arrangements
I have heard that there will be an amendment to the relevant practice directions to provide that online applications received on New Year’s Eve after 4:30 PM and before 11:00 PM will count as...
Northamptonshire Healthcare NHS Foundation Trust v AB
The issue in this case concerned AB’s capacity to make specific decisions about treatment relating to her anorexia nervosa. She was 28 years old and had suffered with anorexia since the age of...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
View all articles
Authors

Evans v United Kingdom - judgments of Solomon: power, gender and procreation [2006] CFLQ 576

Sep 29, 2018, 17:54 PM
Slug : evans-v-united-kingdom-judgments-of-solomon-1-power-gender-and-procreation-2006-cflq-576
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Sep 20, 2011, 06:02 AM
Article ID : 95867

This note assesses the controversial case of Evans v UK by attempting to make sense of the sympathy that Ms Evans attracted when her plight became publicly known. It analyses the decision with the view to finding a way in which law might have responded more positively to that sympathy. The analysis questions the profound level of control over their reproductive capacity that the Human Fertilisation and Embryology Act 1990 attempts to give people. It considers the context in which that control is given - considering the parallel control that is available to people who procreate beyond the scope of the Act - and reflects on the consequences of that level of control when difficult ethical dilemmas arise. It then goes on to analyse the way in which the human rights norms (inherent in, or peripheral to law) might have been engaged to improve Ms Evans's chances of succeeding in her application. It concludes that the courts should have - and could have - used the human rights norms in the European Convention (incorporated into domestic law in the Human Rights Act 1998) and made a different decision from the one which they reached in this case.

Categories :
  • Articles
  • CFLQ
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from