European Court rules Ireland must allow abortions in medical emergencies

Posted on Thursday, December 16, 2010 at 07:30 AM

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The European Court of Human Rights has ruled that Ireland should introduce legislation to allow the right to abortion to women whose health is in danger from a continued pregnancy.

The court included the risk of suicide as one of its possible health complications.

The judgment is likely to force Ireland to pass a law allowing limited abortion right for women who are in danger of death from a medically complicated pregnancy or for women who are suicidal over a a rape pregnancy .

Irish authorities has refused to pass such a law despite a 1992 judgement from the Irish Supreme Court that abortion should be considered legal where a woman's life is in danger.

Thousands of Irish women currently travel to Britain for abortions including some who have medically dangerous conditions. .

The Strasbourg-based judges found that Ireland had erred in making the situation unclear for women who were told on medical advice that the abortion was necessary.

The court ruled in favor of one of three women from Ireland who took the case.

The woman concerned is a Lithuanian woman who was living in Ireland and battling cancer at the time of her pregnancy.

She wanted to terminate, doctors agreed but none would sanction the abortion.

She then traveled to England for the abortion.

The European Court found she should have received the abortion in Ireland as a matter of medical urgency.

The Irish Family Planning Association which took the case welcomed the verdict.

The issue first arose in 1992 with the famous X case when a 14-year-old girl was raped by a neighbor, became pregnant and sued the government to have an abortion in England. The government refused her the right to travel but she won her case.

Following that The Irish Supreme Court ruled that obtaining an abortion overseas was legal and Ireland should provide the facility where there was a clear medical emergency.

Ireland passed a law allowing citizens to travel abroad but refused to pass a law allowing the medical pregnancies to be terminated in Ireland.

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Towngate | Jan 05, 2011, 11:16 AM EST

"When Irish Legs are Smiling" - they can't understand or deal with the consequences ... just bury their heads and expect 'England' to mop up after them.

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DanOLoingsigh | Dec 17, 2010, 03:48 PM EST

If the Catholic Church had spent as much time worrying about the welfare of the BORN children, as they did about the UNBORN, they might have noticed the abuse of so many of their flock, by a bunch of perverted, paedophile ‘shepherds’.

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cuddlybuddly | Dec 17, 2010, 10:24 AM EST

one of the most loving qualities a mother has is her innate repsonsibility towards her children- when a mother is not ready and when she knows (and we all know how ruthless and cruel this unequal world really is) then her choice must be upheld in the best interest of herself and her child and sometimes that choice is abortion.

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maireadinmelb | Dec 17, 2010, 06:49 AM EST

You wonder why people kill their kids or neglect their kids, more often than not because they are not ready to have kids!!

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maireadinmelb | Dec 17, 2010, 06:47 AM EST

Yes people need to be responsible for their own actions, It takes TWO to tango!!! And why should any man in Rome or Dublin tell any woman what is right for her or her body!!!!!

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irishwxman | Dec 16, 2010, 11:45 PM EST

European court rules it eh? Well isn't that special

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TaranOconner | Dec 16, 2010, 07:03 PM EST

Use 'Protection' BEFORE the Pregnancy happens. NOT after. People MUST be responsible for their actions. Bleeding Hearts==forget the 'Rape Card', pregnancies are less that .5% from rape. Stupidity or carelessness is the cause of the rest of UNWANTED Pregnancies. It ain't the Kid's fault it's conceived! After it's conceived it is YOUR job to raise it folks.THINK AHEAD!! DUH!

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sirpeter | Dec 16, 2010, 06:50 PM EST

And who foots the bill for the abortion clinics and the abortions,and the counselors who have to fix up their heads...My taxes..A procedure that in 99% of cases are not necessary.While people are waiting with life threatening medical problems.

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londonirishtom | Dec 16, 2010, 03:54 PM EST

The compelling argument is a woman’s right to choose whether or not to continue with a pregnancy, and that is for each individual to decide for themselves. I do not seek to impose my beliefs on others, and its hypocrisy to have another country sort out an Irish problem, thousands of Irish women head off to England and have an abortion every year.

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londonirishtom | Dec 16, 2010, 12:20 PM EST

Sometimes not having an abortion can stop a beating heart...the mothers

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greenferrett101 | Dec 16, 2010, 10:01 AM EST

Finally. At least the EU have seen the injustice

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