Europe Will Reject “Unduly Onerous” Abortion Law says Rights Watchdog
25 April 2013
Press release – for immediate release
Ireland’s human rights watchdog, the Irish Council for Civil Liberties (ICCL) has today (25 April 2013) written to Taoiseach Enda Kenny TD and Minister for Health James Reilly TD expressing concern about reports that the Protection of Maternal Life Bill 2013 will contain unduly onerous conditions limiting the availability of lawful terminations of pregnancy in cases involving suicidal ideation.
The ICCL has reiterated that, at its 1164th meeting (7 March 2013), the Committee of Ministers of the Council of Europe:
“1. recalled the legal obligation on Ireland to put in place and implement a legislative or regulatory regime providing effective and accessible procedures whereby pregnant women can establish whether or not they are entitled to a lawful abortion, and that only the implementation of a statutory framework would provide a defence for medical doctors from criminal prosecution”.
ICCL Director Mr Mark Kelly said:
“In the view of the ICCL, the reported requirement for the involvement of up to six medical practitioners (one obstetrician and two psychiatrists to jointly certify / another obstetrician and another two psychiatrists to review and re-certify) in termination decisions involving suicidal ideation would be neither effective nor accessible. Were the Government to propose such a legislative scheme, it is highly likely to be rejected by the Committee of Ministers of the Council of Europe, leaving Ireland in breach of the European Convention on Human Rights.”
The Council also notes that the Government has promised to update the Committee of Ministers on the implementation of the judgment of the European Court of Human Rights in the case of A, B and C v Ireland by 8 May 2013. The ICCL trusts that this update will be submitted on time, and that it will contain a clear account of a new legislative scheme that is fully compatible with Ireland’s obligations under the European Convention on Human Rights.
Notes to editors:
The ICCL’s letters to An Taoiseach and the Minister for Health are available here.
In its December 2010 judgment in the case of A, B and C v Ireland, the European Court of Human Rights found there was 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.” The Strasbourg Court found that Ireland had violated Article 8 of the European Convention on Human Rights by failing to provide a woman whose life was at risk with a procedure to access a lawful termination of her pregnancy.
Ireland is legally obliged under Article 46 of the European Convention on Human Rights expeditiously to implement judgments against it by the Strasbourg Court. The analysis contained in the Report of the Government’s Expert Group on the judgment in A, B and C v Ireland, chaired by Mr. Justice Sean Ryan, indicated that the most compelling way to implement this judgment is by legislation (including repeal and replacement of sections 58 and 59 of the Offences Against the Person Act 1861) coupled with regulations.
The Committee of Ministers of the Council of Europe is responsible for supervising the implementation of this legally-binding judgment.
The latest decision of the Committee of Ministers in relation to this case can be found in Council of Europe document CM/Del/Dec(2013)1164/13 of 4 March 2013, available at this link: https://wcd.coe.int/ViewDoc.jsp?Ref=CM/Del/Dec%282013%291164/13&Language=lanEnglish&Ver=original&Site=CM&BackColorInternet=DBDCF2&BackColorIntranet=FDC864&BackColorLogged=FDC864