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Republic of Ireland defends its strict abortion laws
Thursday, 10 December 2009
The Irish government has robustly defended the Republic’s restrictive abortion laws before the European Court of Human Rights.
Yesterday Attorney General Paul Gallagher SC told the court's 17-judge Grand Chamber in Strasbourg that a landmark challenge by three women was a “significant attack” on the Irish health system, its treatment advice and support. The women — known as A, B and C — claim their health and human rights were violated because they had to travel to Britain to terminate their pregnancies.
However, Mr Gallagher said that the case by the women was an attempt to make Ireland's abortion laws more liberal — like they are in other European countries.
“The right to life of the unborn is based on profound moral values deeply embedded in the fabric of Irish society,” he told the court, including Irish High Court Judge Mary Finlay Geoghegan.
If the abortion case succeeds, it could lead to abortion being made available here in certain circumstances. The court may dictate the minimum degree of protection to which a woman seeking an abortion to safeguard her health and wellbeing is entitled.
Mr Gallagher said that Ireland's protection of the right to life of the unborn had been endorsed in three referenda and was explicitly recognised in a protocol attached to the Maastricht Treaty. Ireland had also secured a relevant legal guarantee as part of the re-run of the Lisbon Treaty.
Defending the government's record, Mr Gallagher said that it “had not let matters rest” since the infamous X case in 1992 — when a court banned a pregnant 14-year-old rape victim from travelling abroad to have an abortion. That restriction was later lifted.
Lawyers acting for the three women, who did not attend yesterday's hearing, said the trio were forced to travel for “clandestine abortions” abroad, and were forced to borrow money to pay for the procedures. Julie Kay, lead counsel for the women, said this conflicted with the minimum protection afforded under Article 8 and 14 of the European Convention on Human Rights.
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Let the children live.
Posted by Suzanne | 10.12.09, 20:55 GMT
WH, the European Court of Human Rights is an appelate of the Council of Europe, which has nothing to do with the European Union. It operates a 'name and shame' policy. They can't even enforce their rulings, although I'm strongly anti-abortion, I couldn't care less what they say. If they do they find in favour, it may even lead to a backlash, as what happened with the Italian crucifix debacle.
Posted by shane o'neill | 10.12.09, 19:24 GMT
A,B and C killed their babies. Now they want to kill other babies. Sounds to me that two wrongs do not make a right!
Posted by Steve | 10.12.09, 17:44 GMT
The Irish government have nothing to be proud of these days, they've been proven time and again to be corrupt, incompetent and dangerous to know.
The precious moral high ground is preserved by allowing their neighbouring states to do their 'dirty work' for them. They've abandoned their female citizens. N.I. is worse, here we pay towards the NHS but are refused equal treatment and again, export our women, leaving them to the private abortionists in England.
Posted by Farrah | 10.12.09, 17:02 GMT
Realist. Unfortunately it really isn't that simple.
And careful on that moral high ground. Ireland really doesn't have a lot to shout about in terms of morality right now. It's a long way down.
Posted by Yip | 10.12.09, 16:22 GMT
Stupid law, forcing people to travel abroad for an abortion. Having one is never so black and white as people like to think, sometimes it's required due to complications with the fetus. People have the right to choose.
Posted by KermitTheFrog | 10.12.09, 15:23 GMT
It is simple- abortion in most cases is murder of an unborn child. What about the human rights of the unborn child? instead of the selfish reasons of the person who made the mistake in the first place. Human rights legislation was for the second world war to prevent further wars-people typical abuse these rights also. Ireland is right- hold the high moral ground.
Posted by Realist | 10.12.09, 14:57 GMT
Ireland have enjoyed the benefits of EU membership, now they should have to accept a bit of 'pain'.
Republic of Ireland - a democracy or a theocracy?
Posted by WH | 10.12.09, 12:11 GMT
You are doing the right thing people of Ireland. I pushed a woman into this once many years ago, the payback comes when you get older and have less time to reflect.
The mistake has happened and connot be undone, I have to live with my evil desission.
Posted by pstorr | 10.12.09, 05:23 GMT