European Court rules on Ireland’s abortion laws

Judgement has been given by the European Court of Human Rights (ECHR) today (16 Dec) in the case of ABC v Ireland.

The case started when two Irish women and one Lithuanian woman, who travelled to Britain to have abortions, brought legal action against the Irish state five years ago. The pregnant women, who were supported by the Irish Family Planning Association (the Irish affiliate of the International Planned Parenthood Federation), claimed that their inability to have an abortion in Ireland breached their rights under the European Convention on Human Rights. The women argued that they were subject to indignity, stigmatisation and ill-health as a result of being forced to travel abroad for their abortions.

The Irish Government, however, robustly defended the laws and said that Ireland’s abortion laws were based on “profound moral values deeply embedded in Irish society”. It argued that the European Convention on Human Rights had consistently recognised the traditions of different countries regarding the rights of unborn children.

The ECHR today dismissed the claims of two of the women and upheld a member state’s right to define the protections afforded to life. The Court also affirmed that there is no Convention “right” to abortion.

However, in the case of the third woman, the Court ruled that she was denied an effective procedure from procuring an abortion when she had a legal right to obtain one because of the risk of the pregnancy to her life.

The woman, who was in remission from a rare form of cancer, feared that it might return as a result of her pregnancy. While abortion in Ireland is allowed if a woman's life is at risk, the Court said that that was not made possible for the woman involved. She 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 effective or accessible procedures.

The ruling is likely to force the Irish Government to introduce legislation or official guidelines on access to abortion for women whose lives are at risk.

The judgment can be found here.

Ireland is currently one of only a handful of European Union member states that retain important legal restrictions on abortion, along with Poland and Malta.

The Alliance Defense Fund, a pro-life legal group, had intervened in the case. ADF lawyer Roger Kiska said: “The court was right to reassert that there is no right to abortion under the Convention, but it’s regrettable that Ireland lost on the third count despite such a lack of judicial record, physician consultation, or recourse to Irish courts.

He added: “We will be closely monitoring the effect of that portion of the decision.”

He also commented: “No one should be allowed to decide that an innocent life is worthless, and no one should force any sovereign nation to give up its right to protect life in its constitution if it so chooses”.

Andrea Minichiello Williams, CEO of Christian Concern, said “I am glad that the ECHR upheld Ireland’s right to defend the lives of unborn children, and that there is no Convention right to abortion. There is an international campaign to force the Irish people to accept abortion but they continue to take a brave stand.”