The Fight for Abortion Rights in Ireland!

national | rights, freedoms and repression | news report Friday August 12, 2005 13:29 by Niav

This week the Irish Family Planning Association (IFPA) launched a major new campaign to secure safe and legal abortion services in Ireland.

This week the Irish Family Planning Association (IFPA) launched a major new campaign to secure safe and legal abortion services in Ireland. The campaign involves a legal initiative, which involves a case being taken to the European Court of Human Rights on the issue by three Irish women who had abortions in the UK, and a political lobbying campaign, aimed at securing pre-election commitments from all of the political parties on abortion.

The legal initiative is a new approach by the Pro-Choice movement in Ireland. The IFPA is providing financial and legal resources to the three women. The identity of the three women will remain confidential as it proceeds through the European Court of Human Rights. But here is some background information on one of the cases.

The ‘D’ Case.

The woman who has not been identified but is being called ‘D’ became pregnant with twins. One of these died in the womb and second was found to suffer abnormalities. D decided to have an abortion, but since Irish women are not entitled to have an abortion unless there is a serious threat to their lives, she was forced to travel to Britain. D claims that her inability to obtain an abortion in the Republic of Ireland was a breach of her human rights. The complaint is being made under two articles of the human rights convention: Article 3, that nobody be subjected to torture, in humane or degrading treatment or punishment, and Article 8, the right to respect for private and family life and of no interference by a public authority with the exercise of this right.

The case could potentially result in Ireland’s constitutional ban on abortion being challenged by a panel of European judges. If the court were to find in favour of D in this case, it could mean the Irish government would be forced to extend the right to abortion to women whose foetuses were found to be abnormal. The case has been brought directly to Strasbourg court, and has never been before the Irish courts, the usual approach before going to Europe. It could take a year or more for a hearing and there is a possibility the case might not be found admissible.

The Council of Europe established the European Court of Human Rights in 1959 as a mechanism to enforce the obligations on member states imposed by the European Convention on Human Rights, which came into force in 1953. The European Court has so far avoided making any firm decisions on abortion and allows individual states freedom to legislate on the issue. But the court is regarded as liberal and has consistently refused to defend the rights to life of the foetus before birth.

A case at the European Court of Human Rights asks the Court to consider whether the State’s actions have violated its obligations under the European Convention on Human Rights. In ruling, the Court does not have the authority to revise Irish law, it simply finds a violation of the Convention and then the Irish State must revise its laws to comply with its obligations under the Convention. The Convention obliges the State to take action to protect rights effectively, depending on the context and expense of such an obligation. The case of Norris v. Ireland 1988 provided an example of this process; the Court found that the criminalisation of homosexuality in Ireland was a violation of the right to privacy under the Convention and it then fell upon the Oireachtas to revise the law which it did by decriminalising homosexuality.

The IFPA is also seeking to meet the leaders of the main political parties in the coming weeks to clarify their position on abortion. But what is the point of yet again lobbying our TDs? In 1861, abortion was made a criminal offence in Ireland. 144 years later successive Irish governments have continued to deny women their right to choose. So where exactly do our political parties stand on reproductive rights?

Fianna Fáil:
No plans to change the legal situation. A spokesman said: "Unless something hugely dramatic happens, there are no plans to put a further referendum to the people." Taoiseach Bertie Ahern will not act on the issue of abortion during the term of the current Government, it was confirmed yesterday. A Government spokesman said it had "no plans on the general issue of abortion" despite Mr Ahern's assurance before the last general election that the matter would be addressed. Speaking after the defeat of the 2002 abortion referendum, the Taoiseach said: "It will be the work of the next government to study and understand the results and implications of this referendum, and to act upon it."

Fine Gael:
Has no plans to seek a change in the legal situation. Fine Gael, which along with Labour campaigned for a No vote in the last referendum, said yesterday it had no plans to seek a change in the
legal position in relation to abortion. This was despite a pledge by former party leader Michael Noonan in 2002 that Fine Gael in government "would legislate to reflect in statute law" the X case decision.

Labour:
Supports the introduction of legislation allowing for abortion if there is a life-risk to the woman, a foetal abnormality that means the foetus will never be born alive, or a risk of "significant injury" to the physical health of the mother.

PDs:
A party spokeswoman said it was "against abortion" but had a specific
policy document on the matter. She added: "We don't impose a whip on party members, as it is a matter of conscience."

Sinn Féin:
Supports the introduction of legislation allowing for abortion where a woman's life and mental health is at risk, or in cases of rape and sexual abuse.

Greens:
Have no policy on abortion, allowing for a free vote among elected representatives.

So only 2 political parties support the introduction of abortion in very limited circumstances. So even if we speak really nice to them and promise to vote them in, the majority of Irish women will still be forced to leave this country in order to terminate a pregnancy. The Republic of Ireland has one of the most draconian abortion laws in Europe. At present abortion may only be performed where continuation of the pregnancy poses a ‘real and substantial’ risk to a pregnant woman’s life. In reality a woman must be dying before a life saving abortion can be performed. Enough is enough!

The ‘Safe and Legal’ campaign initiated by the IFPA has the support of the following – Alliance For Choice, Irish Council for Civil Liberties, National Womens Council of Ireland, Well Woman, One Family, Womens Human Rights Alliance.