by Carl O'Brien
Date: 30 November 2009
Source: The Irish Times
The European Court of Human Rights will press the Irish Government on whether its abortion ban violates women's human rights. The case, taken by three women who say their health was put at risk by being forced to go abroad for abortions, will be heard before the Strasbourg court's grand chamber of 17 judges on December 9th. The court will seek information on what procedures exist where a pregnancy poses a risk to the mother's life, and how a woman pursues a lawful abortion in Ireland. Abortion is illegal but may be performed if there is a substantial risk to the mother's life, including the threat of suicide. One of the women ran the risk of an ectopic pregnancy, one received chemotherapy for cancer, and one was unable to cope and had her children placed in care. They argue that the lack of any effective remedy at home means they have satisfied the requirement to exhaust domestic legal remedies, although the Government disagrees and challenges suggestions that there is a lack of post-abortion care or counselling in Ireland. The case will be watched closely by observers because a previous ruling by the same court resulted in Poland being instructed to guarantee access to legal abortions.