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Ireland's abortion ban violates rights: EU court
Reported June 11, 2011
Ireland's constitutional ban on abortion violates the rights of pregnant
women to receive proper medical care in life-threatening cases, the European
Court of Human Rights ruled Thursday.
The judgment from the court in Strasbourg, France, also harshly criticized
Ireland's long inaction on the issue.
It will put Ireland under pressure to draft a law extending limited abortion
rights to women whose pregnancies represent a potentially fatal threat to
their own health.
Ireland has resisted taking that step despite a 1992 judgment from the Irish
Supreme Court declaring that abortions should be considered legal in Ireland
in all cases where the woman's life would be endangered by continued
pregnancy, including through threats to commit suicide. The delay has left
the abortion rights of thousands of women in legal limbo, obliging many to
travel overseas for the procedure.
The Strasbourg judges said Ireland was wrong to keep the legal situation
unclear for women who received advice from doctors that their pregnancy
could complicate their own medical problems.
They ruled in favour of one of three litigants who sued Ireland for
allegedly failing to protect their rights to health and well-being under the
European Convention on Human Rights.
The successful litigant is a Lithuanian woman living in Ireland who, at the
time of her pregnancy, was successfully battling cancer through chemotherapy
and feared that her pregnancy would trigger a relapse of the disease. She
testified that her doctors agreed, but none was willing to authorize an
abortion.
She had to travel to England for an abortion. The European judges ruled she
should have received an abortion in Ireland as a matter of medical urgency.
They ruled against two other litigants:
A woman who didn't want to become a single mother.
A woman who had four other children placed in state care.
In both cases, the judges said they had failed to demonstrate that their
pregnancies represented a risk to their health.
Credits: Canadian Press and for more details check out:
http://www.cbc.ca/news/health/story/2010/12/16/ireland-abortion016.html |