Press release, for immediate release
Washington DC / Dublin, Thursday 16 December 2010
Europe’s top court, the European Court of Human Rights, has today (16 December 2010) found that Ireland’s abortion regime fails to give women the Constitutional rights to which they are entitled.
In the case of a woman who had not been able to establish whether or not she qualified for a lawful abortion in Ireland, the Court found that Ireland failed to respect her private life in violation of Article 8 of the European Convention on Human Rights.
The long-standing failure of the Irish authorities to give proper legislative effect to Article 40.3.3 of the Irish Constitution as interpreted by the Supreme Court in the X case, was condemned by the Strasbourg Court’s judgment in the case of A, B and C v Ireland.
In a lengthy and finely-balanced judgment, the Court found that the lack of effective and accessible procedures to establish a right to an abortion under Article 40.3.3, “has resulted in a striking discordance between the theoretical right to a lawful abortion in Ireland on grounds of a relevant risk to a woman’s life and the reality of its practical implementation”.
Speaking from Washington DC, where he is attending a global meeting of civil rights leaders, Mr Mark Kelly, Director of the ICCL said:
“Ireland’s failure to legislate to protect the rights of women has been clearly exposed by the European Court of Human Rights today. It is imperative that the Government legislate swiftly to ensure that women are able to exercise their existing Constitutional rights”.
“Yet again, it has required international intervention to remind our legislature of their domestic responsibilities. If Ireland wishes to reassert its sovereignty and its standing in the international community, it must start by fully respecting the human rights of people at home”, Mr Kelly added.
Mr Kelly also noted that the Strasbourg Court had used this judgment to highlight that there is an “undisputed consensus” amongst Council of Europe member States that abortion should be available on a broader basis than in Ireland.
He concluded that “Ireland is now among a tiny rump of Council of Europe States – with Andorra, Malta and San Marino – which apply such restrictive rules on abortion. Although the Court has found, on this occasion, that Ireland is entitled to maintain some restrictions on abortion, the writing is on the wall for the State’s restrictive abortion regime. A strong dissenting opinion by six Grand Chamber judges concluded that Irish law did not respect the private life of all three women (A, B and C) and paid particular attention to the very severe sanctions that can be imposed for abortions performed under what the judges called “archaic” laws in Ireland.”
ENDS/
Mr Mark Kelly is available for interview and comment from Washington, D.C.
For more information, please contact:
Walter Jayawardene
Campaigns and Communications Officer
Irish Council for Civil Liberties
9-13 Blackhall Place
Dublin 7
Ireland
Tel. + 353 1 799 4504
Mob: +353 87 9981574
E-mail: walter.jayawardene@iccl.ie
NOTE TO EDITOR:
The judgment of the European Court of Human Rights is available HERE.
Article 40.3.3 of the Constitution of Ireland provides that:
The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.
This subsection shall not limit freedom to travel between the State and another state.
This subsection shall not limit freedom to obtain or make available, in the State, subject to such conditions as may be laid down by law, information relating to services lawfully available in another state.