Concern was expressed for at-risk pregnant women

Written By Unknown on Rabu, 14 November 2012 | 22.40

Following the ABC v Ireland ruling by the Strasbourg court, the relevant body "strongly encouraged" the Irish authorities to ensure that the Government-appointed expert group "completes its work as quickly as possible".

The body in question is the Committee of Ministers at the Council of Europe.

The Council of Europe is the 47-member organisation, founded to promote human rights and democracy, which established and oversees the European Court of Human Rights.

The committee last examined the implementation of the ABC v Ireland ruling earlier this year, as part of its statutory role in ensuring that rulings are complied with by relevant member states.

At the time the committee called on the Irish authorities "to keep the Committee regularly updated on the [Irish Government's expert] group's progress and to inform it of the substantive measures that the authorities plan to take as soon as possible".

It was on 16 December, 2010 the European Court of Human Rights ruled that in the case of the third applicant in the ABC v Ireland case the Irish State had breached the right to respect for her private life.

Applicant C had been suffering a rare form of cancer and feared it might relapse as a result of her becoming pregnant, so she travelled to England for an abortion.

According to a statement issued following the ruling: "The Court considered that the establishment of any such risk to her life clearly concerned fundamental values and essential aspects of her right to respect for her private life."

The court considered that the 1861 Offences Against the Person Act - the legislative prohibition on abortion - constituted a "significant chilling factor" for women and doctors who found themselves in a situation similar to that of Applicant C.

The Strasbourg court also found that it was "inappropriate" for a woman to have to go to the Irish court system to determine whether or not she qualified for a lawful abortion.

It added that it was "unclear" how the Irish courts were expected to enforce an order requiring doctors to carry out an abortion "given the lack of any clear information from the Government… as regards lawful abortions currently carried out in Ireland".

The statement added: "Consequently, the Court concluded that Ireland had breached the third applicant's right to respect for her private life given the failure to implement the existing Constitutional right to a lawful abortion in Ireland."

Following the ruling, the Government filed an Action Plan in June 2011 promising the establishment of an expert group to address the issues raised by the European Court of Human Rights ruling.

On 13 January this year, the Government submitted an updated Action Plan, saying it was committed to "ensuring that the judgment in this case is implemented expeditiously".

The January document also set out the terms of the expert group, informing the court that it would meet at least once a month and report back to the Government within six months. It also listed the names of the group's members.

It said a further Action Plan would be submitted "by the end of October".

The Committee of Ministers at the Council of Europe first monitored the implementation of the Government's response to the ruling in September 2011.

At the time, the Committee "underlined the importance of putting in place substantive measures to execute the judgment".

In its March 2012 meeting, the committee "expressed concern regarding the situation of women who believe their life may be at risk due to their pregnancy in circumstances similar to those experienced by [Applicant C]".

The committee also said it "welcomed the commitment of the Irish authorities to the expeditious implementation of the judgment, strongly encouraged the authorities to ensure that the expert group completes its work as quickly as possible and invited the authorities to keep the Committee regularly updated on the group's progress and to inform it of the substantive measures that the authorities plan to take as soon as possible".


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