THE GOVERNMENT is to launch a robust defence of the State’s ban on abortion before the European Court of Human Rights in the face of a legal challenge by three women who claim the restrictions violate their human rights.
The Strasbourg-based court is considering the admissibility of a legal challenge by the women, who claim their rights were denied by being forced to terminate their pregnancies outside the State.
The women say the restrictive nature of Irish law on abortion jeopardised their health and wellbeing.
The identities of the three – known as A, B and C – will remain confidential as the case proceeds through the court.
While it has been known for some time that the case is pending, papers lodged with the court show in detail for the first time how the Government will contest the case.
The main plank of its defence rests on its contention that domestic legal remedies have not been exhausted by the women.
It also robustly challenges suggestions by the women that there is a lack of post-abortion care or counselling in Ireland.
It also insists the European Convention on Human Rights does not confer even a limited right to abortion and it would be “inconceivable” that member states would have agreed to this.
The women at the centre of the legal challenge include a woman who ran the risk of an ectopic pregnancy, where the foetus develops outside the womb; a woman who received chemotherapy for cancer; and a woman whose children were placed in care as she was unable to cope.
The court, which is separate from the EU, adjudicates on human rights issues among all 47 member states of the Council of Europe.
Any decision of the court is binding on the member states and must be complied with, except if it consists of an advisory opinion.
The women’s complaints centre on four alleged violations of articles in the European Convention on Human Rights, including protection from “inhuman or degrading treatment” and freedom from discrimination.
The women at the centre of the case – who are represented by the Irish Family Planning Association – say the lack of any effective remedy at home means they have satisfied the requirement to exhaust domestic legal remedies.
In addition, they say that taking a case would have been costly, futile and could have forced them to relinquish their anonymity.
While the case has passed the first stage of the hearing process, a formal hearing on the admissibility and merits of the case is expected shortly.
The case will be watched closely by observers given a ruling by the same court in recent years which resulted in Poland being instructed to guarantee access to legal abortions.
From Irish Times: http://www.irishtimes.com/newspaper/frontpage/2009/0421/1224245071362.html
Showing posts with label women. Show all posts
Showing posts with label women. Show all posts
Tuesday, April 21, 2009
Irish women challenge ban on abortion in European court
Monday, March 30, 2009
Take action to end female genital mutilation

Every day 8,000 young girls are subject to the horrors of female genital mutilation (FGM), in Africa, Asia and Europe.
END FGM IN EUROPE, a campaign run by Amnesty International Ireland, calls upon individuals, MEPs and organisations to support this initiative.
http://www.amnesty.ie/amnesty/live/irish/action/default.asp?page=29741&rec=20&pos=1
Wednesday, November 12, 2008
On being made to feel afraid
When I heard your footsteps behind me I knew immediately, instinctively as it were, that there was something wrong. There was no reason to be nervous, it was daylight and I was in my city where I have always felt safe but something about how your step matched mine and your proximity to me made me afraid.
A little warning voice in my head wanted me to run and my body reacted by pumping endorphins into my system, fight or flight. My heart rate sped up, and yet I ignored the warnings my system was giving me and did not adjust my pace.
Your step fell out of rhythm with my own by a tiny fraction; enough that I knew you were walking just a little faster, a little closer than before. I slowed, convincing myself that you would pass me, concerning myself more with removing my fear then with ensuring my safety while I ignored my clenching muscles demanding that I run.
The time between registering your presence and you wrapping your arm around my waist was miniscule, but it seemed an eternal. You smelled of alcohol and my skin crawled where the side of your cheek touched my own as you grabbed me in a drunken hug, and then you were gone.
This could have been so much worse then the fleeting encounter then it proved to be, this I know. You may not even have registered the fear that you caused through the drugs and booze clouding your mind; but even with you in that state I was not strong enough to push you away. You made me feel weak and small and afraid and ashamed of being a woman.
A little warning voice in my head wanted me to run and my body reacted by pumping endorphins into my system, fight or flight. My heart rate sped up, and yet I ignored the warnings my system was giving me and did not adjust my pace.
Your step fell out of rhythm with my own by a tiny fraction; enough that I knew you were walking just a little faster, a little closer than before. I slowed, convincing myself that you would pass me, concerning myself more with removing my fear then with ensuring my safety while I ignored my clenching muscles demanding that I run.
The time between registering your presence and you wrapping your arm around my waist was miniscule, but it seemed an eternal. You smelled of alcohol and my skin crawled where the side of your cheek touched my own as you grabbed me in a drunken hug, and then you were gone.
This could have been so much worse then the fleeting encounter then it proved to be, this I know. You may not even have registered the fear that you caused through the drugs and booze clouding your mind; but even with you in that state I was not strong enough to push you away. You made me feel weak and small and afraid and ashamed of being a woman.
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