European court hears Irish abortion case

The European Court of Human Rights has held a preliminary hearing in the case of a woman who claims her inability to obtain an…

The European Court of Human Rights has held a preliminary hearing in the case of a woman who claims her inability to obtain an abortion in Ireland was a breach of her human rights.

The case could have major implications for the State.

Seven judges began the hearing on the "admissibility and merits" of her case to sue the State today.

The court heard that the Irish woman in her 30s, known only as "D", was forced to travel to Britain for an abortion.

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She discovered after becoming pregnant with twins in 2001 that neither foetus would survive. One stopped developing at eight weeks, and the other had a chromosomal abnormality known as Edward's Syndrome, which she was told was fatal.

Following the procedure in early 2002, she required follow-up medical treatment and felt obliged to tell her local hospital and family doctor that she had had a miscarriage.

Newly released court documents show the woman claims her human rights were infringed by the lack of abortion services for lethal foetal abnormality. She felt compelled to "secretly transport her foetus" back to Ireland.

She felt compelled to "secretly transport her foetus" to Ireland in a small coffin for burial because of restrictions on abortion here.

The "devastating impact" of the diagnosis was exacerbated by restrictions on provision of information and by the necessity to travel abroad for a therapeutic abortion.

"D" claims the State is in breach of six articles of the European Convention on Human Rights, including the obligation to respect human rights; the prohibition of inhuman or degrading treatment and the right to respect for private and family life.

The Government argues there is no conflict between the State's constitutional ban on abortion, except in the case of a threat to a woman's life, and the European Convention on Human Rights, which does not refer to abortion.

A date for the ruling has not been set.

The Pro-Life Campaign, which does not accept that the woman's rights were contravened, made a submission to the court today defending the right to life of the unborn child.

Dr Ruth Cullen of the Pro-Life Campaign said if abortion were permitted solely on grounds where the unborn child has a disability, "it would dramatically alter Ireland's ethos of care for its weakest members".

She said the ECHR should leave sensitive decisions on the right to life of the unborn to national governments and their respective electorates.