09/12/2009

Legal Challenge Targets Irish Abortion Law

Three Irish women are beginning a landmark legal challenge against Ireland's abortion laws at the European Court of Human Rights in Strasbourg today.

The case, which could lead to a liberalisation of the State's abortion laws, is being heard by the court's grand chamber of 17 judges.

The identities of the women, known as A, B and C, will remain confidential throughout the case.

All three women say that their health was placed at risk and their human rights violated because they were forced to travel abroad in order to terminate their pregnancies.

One woman had been told that she was at risk of an ectopic pregnancy - a potentially life-threatening situation where the foetus develops outside the womb - while another was receiving chemotherapy treatment for cancer and the third already had other children placed in care as she had been unable to cope.

The women are arguing that the State's restrictions on abortion, as well as a lack of post-abortion care and counselling, amounted to a violation of their human rights.

The women are being represented by Julie Kay SC and Carmel Stewart SC, while the government is represented by a team led by Attorney General Paul Gallagher SC, including Donal O'Donnell SC and Brian Murray SC.

The government is expected to argue that the case should be heard in the Irish courts and is also expected to challenge the allegation that there is a lack of post-abortion care and counselling in Ireland.

Both sides outlined their arguments this morning.

The European Court of Human Rights is separate from the EU. However, as Ireland is a signatory to the European Convention on Human Rights, it is obliged to implement the decisions made by the court.

(KMcA/GK)

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