An expert group has been named to address the result of the European Court of Human Rights' (ECtHR) 2010 decision in the case of A, B & C v Ireland. Readers may recall that this was the case where the Strasbourg court held that Ireland had failed to properly implement the constitutional right to abortion where a woman's life is at risk. The 2010 decision confirmed the ruling in the 1992 Irish Supreme Court X case, where it was found that the Constitution permitted abortion in circumstances where there was a "real and substantial risk" to the life of the mother, including the possibility of suicide.
The expert group, chaired by High Court Justice Seán Ryan, has been assigned three key issues to resolve what the ECtHR described as "the striking discordance between the theoretical right to a lawful abortion in Ireland and the reality of its practical implementation." These terms of reference are described in the Irish Government's action report dated 13 January 2012 as:
"1. To examine the A, B and C v Ireland judgment of the European Court of Human Rights;
2. to elucidate its implications for the provision of health care services to pregnant women in Ireland;
3. to recommend a series of options on how to implement the judgment taking into account the constitutional, legal, medical, and ethical considerations involved in the formulation of public policy in this area and the over-riding need for speedy action."
The expert group has been given six months to present the government with options on how to implement the ECtHR's ruling.
The establishment of the group was announced during Ireland's Universal Periodic Review of its human rights record in October 2011, in response to questions from other countries on the issue. At the time, Irish Family Planning Association Chief Executive Niall Behan commented that "the Minister ... must also make a firm commitment to provide legislation for adequate abortion services and to give clarity to women and their doctors."
Following the latest announcement, Professor William Binchy (Professor of Law at Trinity College Dublin & legal adviser to the Pro-Life Campaign) said in an Irish Times opinion piece that the Supreme Court X ruling was not a good basis for abortion law, and "represents injustice to the child, since it requires that his or her life be intentionally terminated." He also commented that the "insight of human rights philosophy is that, regardless of the estimation of others, every human being has inherent dignity and worth."
Click here to see the December 2010 press release from the ECtHR, which gives an overview of the principal facts of the A, B & C v Ireland case and the court's findings.