Fixed Buffer Zone Legislation: A Proportionate Response to Demonstrations Outside Abortion Clinics in England and Wales?

Abstract

There is concern that the recent increase in demonstrations outside abortion clinics in England and Wales may have a detrimental impact on clinic-users' access to abortion services. Parliament could respond to this concern by passing legislation that implements fixed buffer zones around all clinics providing abortion services in England and Wales. This would make it an offence to engage in prohibited behaviour (as defined by the legislation) within a specified area around abortion clinics. Such legislation may be challenged, however, on the basis that it interferes with the rights afforded to demonstrators by Articles 9, 10, and 11 of the European Convention on Human Rights (ECHR). This article examines the proportionality of fixed buffer zone legislation, which has not yet been considered by the European Court of Human Rights nor the UK Supreme Court. Two relationships are considered: first, the relationship between the aims of the measures and the means to achieve those aims; second, the relationship between the competing interests of demonstrators opposing abortion and clinic-users seeking an abortion. This article shows that fixed buffer zone legislation can be proportionate. Consequently, the ECHR is no impediment to the enactment of fixed buffer zone legislation in England and Wales.