Woman takes Government to European courts over abortion ban
The woman, known only as D, has taken the unusual step of bypassing the Irish courts and going directly to the European Court of Human Rights (ECHR). If successful in her action, it could result in Ireland's constitutional ban on abortion being challenged by a European panel of judges.
A spokesperson for the Department of Foreign Affairs said yesterday it was the first action of its kind taken by an Irish woman in Europe, as far as she was aware. "One case was taken previously to the European Court, but that was in relation to information on abortion being made available. This is the first in terms of abortion."
The spokeswoman said the Government had been notified about the case by the ECHR in early 2004.
"They, at that time, asked us for our observations on admissibility and merits of the case. They gave us three months to respond and we applied for a further extension of four to six weeks. The other party was then given a copy of our submission and asked for a response. That is where it is at the moment."
The spokeswoman said the ECHR will examine the department's submission and the other party's response and will then decide if the case is admissible. There is no specific timeframe within which the decision can be made. Significantly, the case has cleared the first hurdle by passing the initial stage of summary procedure up to 90% of cases don't make it past this first assessment of admissibility.
The woman taking the case discovered at 16 weeks that one of the twins she was carrying was dead and the second abnormal. Under the terms of the Irish Constitution, the still living foetus had a right to life and the woman was only entitled to an abortion if her own life was in danger or if she was suicidal. Even then, the service was not available to her here, so she was forced to travel to Britain. She decided to challenge the Irish ban.
One of her legal team is believed to be Barbara Hewson, a London-based barrister and member of the Irish Bar Association, who specialises in human rights. D's legal team has brought a suit to the European Court under article 3 of the human rights convention, which covers inhuman or degrading treatment, and article 8, the right to respect for private and family life and of no interference by a public authority with the exercise of this right.
Abortion has been one of the most emotive issues here for a generation or more. In 1983, the Constitution was changed to give an equal right to life of the unborn, but in the X case in 1992, the Supreme Court ruled suicidal women had the right to an abortion.
