Ireland's draconian abortion laws put under the spotlight at human rights court

international | rights, freedoms and repression | press release

Wednesday December 09, 2009 20:16

by Fiona Tyrrell - Irish Family Planning Association

The European Court of Human Rights, today (9/12/09), heard a challenge to Ireland’s restrictive laws on abortion.

Momentous day for women's reproductive rights in Ireland

Three women living in Ireland challenged Ireland’s ban on abortion on the grounds that the law jeopardised their health and their wellbeing in violation of their rights under the European Convention on Human Rights.

The Irish Family Planning Association (IFPA) which is providing support to the three applicants, welcomes the decision by the European Court of Human Rights to hear their case in the its most important forum, the Grand Chamber.

The IFPA wishes to commend the bravery of three applicants in taking a case to the European Court of Human Rights, particularly given the unhelpful nature of abortion discourse in Ireland. The three applicants have waited over five years to have their voices heard at this important forum for the protection of human rights and are looking forward to having their human rights vindicated.

According to the IFPA, today is a hugely significant day for reproductive rights in Ireland. The fact that Ireland’s draconian laws on abortion have been put under the spotlight at this important human rights arena is a landmark for women living in Ireland.

Ireland's restrictions on abortion violate international human rights norms because they inflict such grievous harm to women's health and well-being. The IFPA believes that women and girls’ rights are disproportionately infringed upon by the inaccessibility and criminalisation of safe and legal abortion services in Ireland.

The IFPA is confident that when the Court issues its judgment it will establish a minimum degree of protection to which a woman seeking an abortion to protect her health and well-being would be entitled.

Ireland’s restrictive laws on abortion are totally out of step with those of its European neighbours. Forty four out of 47 European countries provide for abortion to protect women’s health. The overwhelming consensus throughout Europe allows for some access to legal abortion to protect a woman’s health and well-being, applying a more effective, less punitive approach than that which is in force in Ireland. The IFPA believes that women and girls do not give up their human rights when they become pregnant nor should the State take these human rights away with impunity.

The experiences of the women, known as A, B and C, are illustrative of the reality faced by thousands of women in Ireland. Since 1980, at least 138,000 women have been forced to travel abroad to access safe abortion services, enduring unnecessary and unjustifiable physical, emotional and financial hardship.

The IFPA believes that abortion is an intimate aspect of private life, intricately linked with human rights values and principles that protect a woman's sexual and reproductive rights.

Complex court cases where women and girls are cruelly compelled to disclose the most intimate aspects of their life in the public arena in order to receive appropriate health care, albeit in another country, are deplorable avenues for the delivery of medical services.

This case has highlighted in an international forum the Irish Government’s unwillingness to address the reality of women’s lives and health in Irish law and policy.