Press release, for immediate release
14 September 2011
Senior diplomats from 47 Council of Europe member States have begun their scrutiny of the steps Ireland is taking to implement last year’s decision on abortion by the European Court of Human Rights.
At a high-level meeting in Strasbourg today (14 September 2011), members of the Council of Europe’s Committee of Ministers are examining the Irish Government’s “action plan” to implement the Court’s December 2010 judgment in the case of A, B and C v Ireland.
They will be assisted by a formal submission by the Irish Council for Civil Liberties (ICCL), which highlights shortcomings in the scope, extent and efficiency of the Irish Government’s implementation proposals.
ICCL Director Mr Mark Kelly said:
“The European Court of Human Rights has stated categorically that there is a striking discordance between the theoretical right to an abortion in Ireland and the reality of its practical implementation. No efficient measures have been proposed to address this core problem. Consequently, it is probable that a woman in position of the victim in this case would be treated in exactly the same manner today, in clear violation of her rights under the European Convention on Human Rights.”
“The Government’s proposal to set up an “expert group” to look into the matter is evidence of inertia, not of action. We trust that the Committee of Ministers will require the Irish authorities to submit a revised action plan, clearly indicating the precise steps that will be taken to speedily implement this legally-binding judgment by Europe’s top court” Mr Kelly concluded.
For more information, please contact:
Walter Jayawardene
Communications Manager
Irish Council for Civil Liberties
9-13 Blackhall Place
Dublin 7
Ireland
Tel. + 353 1 799 4503
Mob: +353 87 9981574
Fax. + 353 1 799 4512
E-mail walter.jayawardene@iccl.ie
NOTE TO EDITORS:
The ICCL’s 4-page communication was submitted to the Council of Europe’s Committee of Ministers under rule 9(2) of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements (adopted by the Committee of Ministers on 10 May 2006 at the 964th meeting of the Ministers’ Deputies). It is available at this link: https://wcd.coe.int/wcd/ViewDoc.jsp?Ref=DH-DD%282011%29645&Language=lanEnglish&Site=CM
The communication relates to the implementation by the Government of Ireland of the judgment of the European Court of Human Rights (“the Court”) in the case of A, B and C v Ireland. It is available at this link: http://cmiskp.echr.coe.int/tkp197/view.asp?item=1&portal=hbkm&action=html&highlight=Ireland%20|%20A%2CB%20|%20C%20|%20v&sessionid=78373408&skin=hudoc-en
In its judgment, the Court found “that the authorities failed to comply with their positive obligation to secure to the third applicant effective respect for her private life by reason of the absence of any implementing legislative or regulatory regime providing an accessible and effective procedure by which the third applicant could have established whether she qualified for a lawful abortion in Ireland in accordance with Article 40.3.3 of the Constitution.”
In 16 June 2011, the Government of Ireland submitted an “Action Plan” to the Committee of Ministers indicating that it is “committed to ensuring that the judgment in this case is implemented expeditiously”. It is available at this link: https://wcd.coe.int/wcd/ViewDoc.jsp?id=1802037&Site=CM&BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383
In the view of the Irish Council for Civil Liberties, the publication / dissemination measures and the individual measures set out in the Government’s “Action Plan” fully comply with the State’s obligations; however, the general measures proposed by the Government of Ireland do not amount to expeditious implementation of the Court’s judgment.