The European Court of Human Rights has ruled that Ireland has failed
to properly implement the constitutional right to abortion where a woman
is entitled to one where her life is at risk.
The ruling will put
the issue of abortion back on the political agenda and is likely to
force the Government to introduce legislation or official guidelines on
access to abortion for women whose lives are at risk.
Minister for Health Mary Harney said the Government would reflect on the ruling and take legal advice.
Acknowledging
the judgment was binding on the Irish State, she said the Government
would have to come forward with proposals to reflect the ruling.
“However, this will take time as it is a highly sensitive and complex
area,” Ms Harney said.
Taoiseach Brian Cowen said the ruling
raised “difficult issues” that needed to be carefully considered.
Speaking in Brussels, he said it was much too early to make any decision
on whether legislation would be required in light of the court’s
decision.
The court unanimously ruled this morning that the rights
of one of three women who took a case challenging Irish abortion laws
were breached because she had no “effective or accessible procedure” to
establish her right to a lawful abortion.
The woman – known only as “C” – had a rare form of cancer and feared it would relapse when she became unintentionally pregnant.
However,
the woman was unable to find a doctor willing to make a determination
as to whether her life would be at risk if she continued to term.
The court concluded that neither the “medical consultation nor
litigation options” relied on by the Government constituted an
effective or accessible procedures.
“Moreover, there was no explanation why the existing constitution right had not been implemented to date,” the court ruled.
“Consequently,
the court concluded that Ireland had breached the third applicant’s –
"C" – right to respect for her private life given the failure to
implement the existing constitutional right to a lawful abortion in
Ireland.”
The court ruled that there had been no violation of the rights of the two other women involved in the case - "A" and "B".
The
Strasbourg-based court, which is separate from the EU, adjudicates on
human rights issues among all 47 member states of the Council of Europe
The identities of the women, who took the case, remain confidential.
Two
of them are Irish and one is a Lithuanian national who was residing in
Ireland.
All of them travelled to the UK to have an abortion after
becoming pregnant unintentionally.
They include a woman who ran
the risk of an ectopic pregnancy, where the foetus develops outside the
womb; a woman who received chemotherapy for cancer and was unable to get
clear advice on the dangers posed by an unplanned pregnancy; and a
former alcoholic and drug abuser who feared her unplanned pregnancy
would jeopardise her attempts to be
reunited with her other children in
the care system.
The women - supported by the Irish Family
Planning Association - argued before the court last December that they
were subject to indignity, stigma and ill-health as a result of being
forced to travel abroad for their abortions.
The Government
robustly defended the laws and said Ireland's abortion laws were based
on “profound moral values deeply embedded in Irish society”.
It
argued that European Court on Human Rights has consistently recognised
the traditions of different countries regarding the rights of unborn
children.
However, it maintained that the women’s challenge sought to
undermine these principles and align Ireland with countries with more
liberal abortion laws.
The case was lodged before the court in
2005 and was heard last year at an oral hearing before the European
Court of Human Rights's grand chamber.
This 17-judge court is
reserved to hear cases that raise serious questions affecting the
interpretation of the European Convention of Human Rights.
As a
signatory to the European Convention on Human Rights – now incorporated
into Irish law – the Government is obliged to remedy any breaches of the
convention.
SIC: IT/IE