Ireland

European Court of Human Rights

LIFE is hopeful that the recent decision by the European Court of Human Rights regarding abortion in Ireland will not ultimately result in a weakening of the protection for the unborn in that country.  The court actually upheld most parts of Ireland's law.  For example, the ECHR found that the ban on abortion did not itself violate any of Irish women's legal rights, and indeed the court reaffirmed the right of individual nations to set their own law on abortion.  The only aspect of Ireland's law that has been bought into question by this ruling concerns medical interventions that have the unintended side-effect, but not the intention, of ending an unborn life. (e.g. where a firm prognosis threatens the life of the mother before the unborn life is viable) This is sometimes mistakenly referred to as “abortion to save the life of the mother”, but this is incorrect, as an abortion is an operation whose direct intention is to end the life of an unborn child.

The courts have asked Ireland to clarify the guidance for women and doctors on when exactly medical interventions that may end a child's life will be allowed.  This has been something of an unresolved issue since a court case in 1992 that established the present situation.

We hope and believe that this clarification can be achieved in a manner that respects both the dignity and rights of women and the dignity and rights of their children; protecting human life in the womb while recognising that sometimes life-saving treatment that may result in the death of unborn children is necessary.