16 December 2010

Abortion Laws Violate Irish Rights: Court

The European Court of Human Rights has found the Irish Republic is in violation of the rights of a woman with cancer who travelled to the UK for an abortion.

Today's ruling in Strasbourg could require a change to Irish law.

The Court ruled that Ireland failed to properly implement the European constitutional right to abortion where a woman is entitled to one when her life is at risk.

The Lithuanian woman was one of three unnamed women from Ireland fighting the landmark legal battle. The other two had their case dismissed by the European Court of Human Rights in Strasbourg.

The women originally took their cases against the Irish government, claiming restrictions on abortion stigmatised and humiliated them and risked damaging their health.

Currently, abortion in Ireland is only permitted if there is a real and substantial risk to the life of the expectant mother, but the court found that Ireland was failing to fully implement the right, saying: "There was no explanation why the existing constitutional right had not been implemented to date.”

Labour's Spokesperson on Health Jan O'Sullivan said there was now an obligation on all parties in the Oireachtas to face up to the implications of the ruling.

"The Judgement is consistent with the policy that the Labour Party has held since 2003 which says that legislation should be introduced to provide for the termination of a pregnancy in a very limited number of circumstances.

"It is now almost seventeen years since the country was traumatised by the X case and this issue can no longer be dodged. It is time for the Oireachtas to face up to its obligations, particularly as we are obliged as a member of the Council of Europe to implement judgements by the Court of Human Rights."

The X Case involved a 14-year-old girl whose pregnancy at the hands of her school friends father led to an abortion judgement in the Supreme Court, which opened the way for Irish women to travel abroad to have abortions.

Responding to this morning's ruling, Niall Behan, Chief Executive of the Irish Family Planning Association said: "Today’s decision is a landmark one for Ireland and, in particular, for women and girls. The very considered and clear view of the European Court of Human Rights leaves no option available to the Irish State other than to legislate for abortion services in cases where a woman’s life is at risk.

"We are calling on the Government to set out how it intends to address today’s ruling, and ensure that no further violations of human rights take place because of the State’s failure to offer safe and legal abortion services in – albeit – limited circumstances."

The IFPA commended the bravery of the three women who took their case to the European Court of Human Rights, particularly given the stigmatisation of abortion in Ireland.

It said that through its services it knows that women living in Ireland are frustrated that they have to leave the country to access health services they feel should be available to them at home.

"Women don't want sympathy, they simply want access to the health services they need," a spokesperson said.

(DW)