Ireland is right to ban abortion, rules Euro court

12 April 2012

Ireland's law banning abortion was today declared to be a legitimate way of protecting "public morals" in a landmark ruling by European judges.

The European Court of Human Rights in Strasbourg rejected claims by two Irish women, who travelled out of the country to have terminations, that their rights had been violated.

Instead, the judges ruled unanimously that Irish law was legitimately trying to protect public morals and that the abortion ban struck a fair balance between a woman's right for respect for their private life and the rights of the unborn.

In another case, brought by a Lithuanian woman who travelled out of Ireland to terminate a pregnancy while in remission from cancer, the judges ruled that her human rights had been violated. She had claimed that her life had been put at risk by being forced to travel to England for the procedure.

The court was told she was worried her pregnancy would cause a relapse and about a risk to the foetus if she carried to full term, and claimed she could not obtain clear advice in Ireland. Under Irish law abortion is only allowed if there is a real and substantial risk to the life of the expectant mother.

The woman's lawyers argued that, in reality, this did not happen and today's decision means that this element of the legislation could have to be re-written or enacted more effectively. The overall effect, however, of the rulings appears to be that Ireland's ban on abortion will remain essentially intact.

The three women involved, known only as A, B and C, mounted their action against the Irish government claiming restrictions on abortion stigmatised and humiliated them, and risked damaging their health.

All three women said they suffered medical complications after their abortions in the UK in 2005. They also said it was unnecessarily expensive, complicated and traumatic.

The court found going overseas put psychological burdens on the women but that the necessary medical advice and treatment for before and after abortion was available in Ireland.

Julie F Kay, lead legal counsel for the women, said: "No other woman in a life-threatening situation should be forced to endure the uncertainty, humiliation and distress that Applicant C did when faced with a threat to her life and health."

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