Irish Women In Euro Court Abortion Challenge

Three women living in Ireland are in the European Court of Human Rights this week challenging Ireland’s ban on abortion.

The case has being brought on the grounds that Ireland’s ban on abortion has jeopardised their health and well-being and violated their rights under the European Convention on Human Rights.

The women’s case was to be heard on December 9 in Strasbourg in front of 17 judges, with the Irish Government sitting in opposition.

Currently, abortion is criminalised under the Offences Against the Person Act of 1861, which threatens women who ‘unlawfully procure a miscarriage’ with life imprisonment.

If a successful result is awarded to the women, it could have a serious impact on Ireland's current law, and establish a minimum degree of protection for woman seeking an abortion.

The Irish Family Planning Association (IFPA) and reproductive health and rights bodies from around the world, including the British Pregnancy Advisory Service (BPAS), support the case.

In a statement last week, the IFPA said it wished to commend the "bravery" of the three applicants in taking the case to the European Court of Human Rights.

"The three applicants have waited over five years to have their voices heard at this important forum for the protection of human rights and are looking forward to having their human rights vindicated."

Meanwhile, the Supreme Court in Ireland has today dismissed an appeal by a woman seeking to have three frozen embryos released to her for implantation.

In the high profile case, the court found the term 'unborn' only applied after implantation in the womb and did not apply to frozen embryos, therefore not affording the legal protection guaranteed by article 40.3.3 of the Constitution.

All five presiding judges were in agreement in dismissing the appeal.

The appeal was taken by a 43-year-old mother of two, Mary Roche, after she lost her High Court bid to have the embryos implanted in her womb so that she could become pregnant against the wishes of her estranged husband, Thomas Roche.

(DW/KMcA)