The European Court of Human Rights in Strasbourg yesterday heard the case of three women seeking to overturn Ireland’s strict abortion laws. 

The women – known as A, B and C in order to protect their confidentiality – are arguing that Irish law violates the European Convention on Human Rights by jeopardizing their “right to health and wellbeing”.

Abortion has been outlawed in Ireland since 1861 but in 1992 the Irish Supreme Court ruled that women couldn’t be prevented from leaving the country in order to get an abortion. It also ruled that the abortion was permissible if a pregnant women’s life was at risk, including the risk of suicide.

Specifically, the plaintiffs claim that by requiring women to travel abroad for medical care, the Irish law violates articles 2, 3, 8 and 14 of the Convention: the right to life, prohibition of torture, right to respect for family and private life, and prohibition of discrimination.

The Irish Family Planning Association (IFPA) is providing support for the women. IFPA director Niall Behan attended yesterday’s hearing in Strasbourg.
 

“There’s a whole range of issues around the burden that’s put on women who are living in poverty and can’t travel or find it very difficult. And, of course, what we know is that this doesn’t stop women travelling for an abortion, in many cases. What it does mean is that they are punished unnecessarily.”

Ireland’s government contends that the strongly Catholic nation should retain the sovereign right to determine when life begins.

The European Center for Law and Justice is a non-profit organization dedicated to the protection and defence of religious freedom in Europe. It submitted an amicus brief supporting Ireland’s case.

Gregor Puppinck is a lawyer for the Center. He says that the case highlights the conflict between the duties of the nation state and the duties of the European Court. “So the conflict would be between Article 2 [the right to life] and Article 8 [the right to respect private life]”, he says.

Niall Behan of the IFPA agrees, but says that Ireland laws protect the unborn at the expense of the living:
 

“The protection of pre-natal life is a legitimate aim of governments and governments throughout the world do bring in protections for pre-natal life by bringing in gestation limits, for example. What we’re saying is that the situation for these women and the laws in Ireland are so extreme that they are violating the women’s rights.”

The case is pivotal in that, regardless of how the Court rules, it will set a precedent regarding the question of whether access to abortion is a basic human right.

Ultimately, though, says Puppinck, abortion can not be seen as a right.

“The main issue is to say that abortion, abortion and euthanasia, are exceptions to the right to life. They are not rights in themselves. Technically in law they are not rights, they are derogations - exceptions to the principle of protection of life. So the Court cannot create a right based on a derogation.”

If the court rules in favour of the women, it would mean that all 47 countries who have signed up to the European convention would have to permit abortion.

The case is being watched closely in the United States. Two American organizations who oppose abortion have joined the suit on the side of the Irish government. They are concerned that the European Court’s ruling will have an impact on American law, where there’s still a major legal and political battle going on over abortion.

The Court is expected to rule on the case within the next 12 months.