Failure to legislate criticised

A FAILURE to protect the rights of women has been exposed by the European Court ruling on abortion, a human rights groups has claimed.

The Irish Council for Civil Liberties (ICCL) welcomed the judgment pointing out that judges had noted the severe sanctions imposed for performing an abortion under Ireland’s “archaic laws”.

The ICCL said the judgment showed the country’s failure to properly legislate after the 1992 Supreme Court ruling in the X case, which established the right of women to an abortion if the pregnant woman’s life was at risk.

ICCL director Mark Kelly said: “Ireland is now among a tiny rump of Council of Europe States — with Andorra, Malta and San Marino — which apply such restrictive rules on abortion.

“Although the court has found, on this occasion, that Ireland is entitled to maintain some restrictions on abortion, the writing is on the wall for the state’s restrictive abortion regime.”

Yesterday’s controversial ruling has also vindicated the suggestion by pro-choice groups that Irish abortion laws remain unclear, it was suggested.

Choice Ireland argued that the court ruling was effectively an instruction to Ireland to legislate after the X case, in which a 14-year-old girl who was raped, became pregnant and became suicidal because of the unwanted pregnancy.

“Any further delay would only result in yet more women having to take the state to court to vindicate their rights,” said spokesperson Sinéad Ahern.

Barrister and Senator Ivana Bacik said the ruling was more about introducing legislation to provide clarity around how the X case decision could be implemented by doctors.

Reproductive Choices, a professional Dublin-based support group, warned that up to 4,500 Irish women a year were still travelling to Britain for abortions.

This, they suggested, was costing each woman between €500 and €1,400 as well as a huge amount of emotional turmoil travelling for the procedure.

The ruling, it claimed, would help Irish doctors feel confident that they would not face prosecution for providing abortions here.

The group said it was encountering many couples with wanted pregnancies who discover severe foetal abnormalities who are being forced to travel abroad for abortions.

Programme director Gabrielle Malone also pointed to an increasing number of parents with large families who, having lost their jobs, are simply unable to afford to provide for another child.

“Sadly we also see women who have undergone serious sexual assaults,” she said.