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Amnesty International Is Wrong; Ireland's Abortion Prohibition Does Not Violate International Human Rights Law
In a recent report, Amnesty International claimed that Ireland's constitutional recognition of the right to life for unborn children is "inconsistent with international human rights law, which does not recognise a foetal right to life and is clear that human rights apply after birth." The simple fact is that international human rights law grants no right to abortion and is likely silent on the right to life for the unborn.
International law governs relations between independent States. The rules of law binding upon States therefore emanate from their own free will as expressed in conventions or by usages generally accepted as expressing principles of law and established in order to regulate the relations between these co-existing independent communities or with a view to the achievement of common aims. Restrictions upon the independence of States cannot therefore be presumed.
S. Ernie Walton teaches International Law at Regent University School of Law and also serves as the Administrative Director of Regent Law's Center for Global Justice, Human Rights, and the Rule ofLaw.