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ECHR rules on abortion rights in Ireland

Posted on December 16, 2010 by Dissent

The European Court of Human Rights has issued its ruling in a case cited on this blog yesterday. From their press release:

In today’s Grand Chamber judgment in the case A, B, and C v. Ireland (application no. 25579/05), which is final1, the European Court of Human Rights held:

By eleven votes to six, that there had been no violation of Article 8 (right to private and family life) of the European Convention on Human Rights in respect of the first and the second applicants, and

unanimously, that there had been a violation of Article 8 in respect of the third applicant.

[…]

The Court held that, while Article 8 could not be interpreted as conferring a right to abortion, its prohibition in Ireland came within the scope of the applicants’ right to respect for their physical and psychological integrity, hence within their private lives, and thus under Article 8. The Court examined the complaints of the first and second applicant separately from those of the third applicant.

[…]

It would appear that Irish law needs to change to make some provision for the types of cases represented by the third applicant where there may be a risk to the mother’s life.

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