MONITORING HUMAN RIGHTS
ICCL Provides Expert Legal Guidance to Shape Ireland’s New Abortion Law
Ireland’s legal obligation Speaking on behalf of the ICCL, Executive member of the ICCL Association Dr Alan DP Brady BL, told the Committee that, contrary to a common misconception, abortion has been lawful in Ireland since 1992. Mr Brady was referring to the judgment in the ‘X’ case, in which the Supreme Court ruled that Article 40.3.3 of the Constitution permitted abortion in circumstances where it is found that the life, as distinct to the health, of the woman is at risk, including from the threat of suicide. Dr Brady informed the Committee that, under Article 46 of the ECHR, Ireland was bound by the decision of the Court and must now, at at an absolute bare minimum, introduce abortion legislation and regulations, including in relation to the issue of suicidal ideation.
On Wednesday 9 January 2013, representatives from the Irish Council for Civil Liberties (ICCL) made an oral presentation before the Public Hearings on the Implementation of the Government Decision following the publication of the Expert Group Report into matters relating to A,B and C v Ireland. The ICCL attended the hearings at the express invitation of the Chairman of the Joint Committee on Health and Children Mr Jerry Buttimer TD, to take part in the ‘legal hearings’ session along with other legal and constitutional experts. For three days, Committee members and non committee members, drawn from both houses of the Oireachtas, listened in the Seanad Chamber as more than 40 witnesses provided testimony proposing and opposing the need for a comprehensive legislative and regulatory framework to govern the availability of abortion in certain legally prescribed circumstances in Ireland.
Termination for medical reasons The Committee also heard from Dr Brady that recent case law from the Strasbourg Court indicates that Council of Europe states are obliged to ensure that women seeking lawful terminations are not exposed to inhuman and degrading treatment contrary to Article 3 of the Convention. Applying this principle in Ireland, Dr Brady pointed out that the current treatment of women with pregnancies involving a defined set of fatal foetal abnormalities (i.e. where it is clear that carrying a foetus to term will not result in a viable life) potentially falls foul of Article 3. In his presentation Mr Brady also indicated that provision could feasibly be made in Ireland’s new abortion law for the termination of pregnancies involving fatal foetal abnormalities without violating the current text of Article 40.3.3° of the Constitution. Other witnesses before the hearings included medical experts in obstetrics and psychiatry, legal practitioners, leading academics in law and ethics, religious organisations, service providers and campaign groups, both in favour of and opposed to abortion. Mr Brady was accompanied to the hearings by the ICCL’s Equality Officer Mr Stephen O’Hare.
Support Our Law Reform Work
Decision of the European Court of Human Rights The hearings followed a decision by the Government to introduce legislation and regulations to provide legal clarity on the constitutionally permitted right of abortion in certain circumstances, on foot of the judgment of the European Court of Human Rights (ECtHR) in the case of A, B and C v Ireland. In its December 2010 decision the ECtHR noted that 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 (ECHR) by failing to provide a woman whose life was at risk with a procedure to access a lawful termination of her pregnancy.
You can help us to continue our work of protecting and promoting rights in Ireland by making a donation in support of our work or joining the ICCL as a member – or by doing both.
Your gift, regardless of size, makes a huge difference. Please log on to www.iccl.ie to give today or phone the ICCL office on 01 799 4504. Thank you.