European Court Of Human Rights Turns To Restrictive Irish Abortion Law
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rights, freedoms and repression |
feature 
Wednesday September 07, 2005 00:59
by Niav/One of IMC - Indymedia Ireland
The European Court of Human Rights today held preliminary hearings on the case of an Irish woman claiming her human rights were violated when she was forced to travel to Britain for an abortion.
Taken from an analysis on D by a member of the Alliance For Choice"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."
Some coverage on the topic from the good folk on IMC Ireland:
Back street abortions illustrate need for free, safe and legal abortion services in Ireland | Alliance For Choice condemns Bush's 'War on Women'! | Restrictive Abortion Information Legislation Jeopardises Women's Health | Day Of Action Against The Information Act | Pro Life Campaign considering legal action against Midland Health Board | Interview on the legacy of the X-case | Do You Remeber the Last Time? The Abortion Referendum of 2002 | Yes, It was No..
 Where The Parties Stand:(taken from the analysis of the D case) Fianna Fáil: 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: |
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It follows from the launch of a major new campaign by the Irish Family Planning Association for the introduction of legal abortion services in Ireland. Announcing details of the campaign in early August, the IFPA's Chairperson, Catherine Forde said 'this campaign is of unique significance, as it represents the first major initative aimed at moving forward on abortion in this country. Previous campaigns on abortion have always been lead by anti-choice groups seeking further regressive and unworkable responses to abortion." 6217 women who gave addresses in Ireland had an abortion in Britain last year, according to recently released British abortion statistics. This means that at least 17 Irish women go to Britain for an abortion every day. 'This figure doesn't include the increasing number of women who go to the Netherlands, Belgium and France, because of cheaper flights and the lower cost of a termination' said Sian Muldowney, spokesperson for the pro-choice Alliance for Choice in a press release on this site. Reprint of The Press Release from IFPA detailing launch of campaign for "safe and legal" abortion services in Ireland:
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Comments (12 of 12)
Jump To Comment: 1 2 3 4 5 6 7 8 9 10 11 12Government denies claims in rights case
Tim O'Brien in Strasbourg
This is an article from todays Irish Times
The Government has rejected a claim at the European Court of Human Rights that a woman seeking an abortion in Ireland was treated in an inhuman and degrading fashion by the State.
The Government has also rejected claims by the woman's legal team that the State's regulations breached human rights conventions on privacy and family life; the right to receive information; the right to an effective remedy; and the prohibition of discrimination.
The woman, identified only as "D", is an Irish national who was described in court in Strasbourg yesterday as "a woman of education and means". It was a preliminary hearing and a ruling is awaited on whether the case is admissible for a full hearing.
Counsel for "D", Barbara Hewson, told the court the woman's pregnancy with twins in late 2001 was initially "a joyous occasion".
However, after eight weeks one foetus stopped developing and died. The second foetus had Trisomy 18 or Edward's Syndrome, a fatal abnormality.
Ms Hewson told the court her client wished to take no part in a wider debate on abortion but is seeking a declaration that in dealing with lethal, foetal abnormality, the State had breached six articles of the Convention on Human Rights.
She maintained that the devastating impact of the diagnosis was unnecessarily exacerbated by the Regulation of Information (Services Outside the State for Termination of Pregnancies) Act, 1995. This Act prevents a doctor from advocating abortion as well as making a referral for a patient with an abortion provider, where the life of the mother is not at risk.
Counsel for "D" maintained that the State, having advised on the condition, had effectively reneged on its responsibility for treatment. It was also argued that "D" was discriminated against as a pregnant woman or as a pregnant woman with a lethal foetal abnormality.
Counsel explained that ultimately "D" made arrangements with her partner and travelled to Britain for an abortion.
However, counsel for the Government, Donal O'Donnell SC, said the only restrictions imposed by the 1995 Act were limited ones relating to directive counselling or helping to arrange an abortion. Mr O'Donnell argued that the State now guarantees the right to freedom of information on abortion as well as the right to travel.
Mr O'Donnell told the court that a finding in favour of "D" would be, in effect, a direction to Ireland on the type and regulation of such services, an issue into which the court had previously said it would not go. Such a move, he argued, would potentially turn the Court of Human Rights into a legislative body, and that had not been envisaged by the signatories to the convention.
In relation to "D"'s claims, Mr O'Donnell said she had not sought legal advice at the time of the pregnancy, nor had she sought to challenge the regulations or seek a hearing in camera or use a pseudonym, all of which were avenues open to her.
Mr O'Donnell said that even in the time after the abortion it had been open to "D" to seek a declaration that her rights had been abused, but she had not done this. The Court of Human Rights was being used as a court of first instance, Mr O'Donnell argued.
In response to a question from the Irish member of the court, Mr Justice Hedigan, Ms Hewson said the Court of Human Rights could accept jurisdiction where an applicant had no reasonable prospect of success in the legal system in his or her home country.
Ms Hewson said time and anonymity had been issues during the pregnancy, while after the pregnancy the issues were anonymity and the tendency of the Irish courts to treat the issue as "moot", something that is past or no longer relevant.
Where this has happened applicants could be left with substantial legal bills for the Government's legal team as well as the likelihood of being identified, she said.
In his response to Judge Hedigan, Mr O'Donnell instanced the "X" case and the "C" case, which had demonstrated that anonymity was available to litigants. A date for the court's ruling has not been set.
Dar liom, is coir an marú. Ní ceart é
I suppose this case is one of those grey areas where neither side can just keep shouting the same slogans.
Im not familiar with the illness the child suffered, does nayone have any knowledge of the quality of life the child could have had?
Edward's Syndrome or Trisomy 18 is a rare chromosome syndrome with severe effects. The prognosis of Edwards Syndrome is poor. It often results in spontaneous abortion or early death after birth.
Having made a very difficult and emotional decision, D should not have been forced to leave this country for a termination.
Ní raibh beatha na máthar i mbaol, máisea?
Ní maith liom go gcuirfear chun báis daoine le aicídí tromchúiseacha
I am aware that this an emotional issue for many people, but people should be respectful enough of women to allow women to decide for themselves whether they have an abortion or not. The woman's right to bodily integrity is the most important issue here and should be the one that we give most importance to. A woman should not be forced under any circumstances to remain pregnant when she does not want to be. To say to a woman that she must go through with a pregnancy is an invasion of her privacy and also an assault on her human rights.
The foetus is not a baby and is several months away from becoming one. It is a cluster of cells, incapable of thinking or feeling pain. As such, it is not a human in our understanding of what it means to be a human and it is offensive to accord it the same rights as real people.
Abortion is a normal safe procedure for the termination of pregnancies. The sooner we all get used to this and Ireland joins the mature nations of the world in allowing women to decide for themselves the better. I look forward to a day when abortion is provided freely, legally and safely in Dublin and every other town and city in our land.
Indeed, it is the most basic of rights, a right that is not trumped by any other right...
Incidentally, unless i am very much mistaken, that court can only make recommendations. They cannot (and i would think people here would be happy about this) overrule Ireland's constitution...
"The right to choose is a basic human right"
[Is buncheart daonna ceart rogha]
Tagaim leis an ceart seo ach ní thagaim le ceart rogha beatha neach eile a chealú.
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.
An sáraíonn bunchearta dlíthe daoine?
On the Late Late Show last Friday there was a poll of the audience and 90% supported abortion in some circumstances.
That poll was actually 80% in favour, not 90%!
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