Ireland must reconsider its laws and policies on abortion after a ruling by the European Court of Human Rights (ECtHR).
A, B and C v Ireland (App No 25579/05) concerned a woman who had suffered from a rare form of cancer that she feared would return as a result of her pregnancy and who was refused an abortion. She also feared there would be a risk to the foetus if she continued to term, and claimed she could not obtain clear advice.
The ECtHR held unanimously that there had been a breach of Art 8, right to private and family life. It found the Irish government had failed to properly implement its law that an abortion is lawful where the woman’s life is at risk.
The ECtHR held that “neither the medical consultation nor litigation options, relied on by the Irish government, constituted effective and accessible procedures which allowed the third applicant to establish her right to a lawful abortion in Ireland”. It noted that women and their doctors ran a risk of conviction and imprisonment if the doctor’s decision was later found to be against
