National Women’s Council of Ireland Stresses Need for Legislation to Fully Implement ABC Case

Published: Tuesday, July 24, 2012

Today marks the day when the Expert Group on abortion would have released its report on how to implement the judgement of the European Court of Human Rights in the case of A, B and C v Ireland. The Expert Group were due to report its findings by the end of July. However it has been confirmed that their report will not be released before the end of September.

In April the Minister of State for Health Roisin Shortall made it very clear that the Expert Group set up to look at the judgement was to report by the end of June and that the government will take immediate action to legislate in accordance with its recommendations.

Orla O Connor, Acting CEO said "this delay is regrettable. The Expert Group were given a six month period within which to report on an issue that should have been legislated for 20 years ago. However the NWCI is reassured by comments made in the Dail by Minister Phil Hogan this month where he said that further legal clarity is required to give effect to the X case and that Ireland is under a legal obligation to implement the judgement of the ECHR in the A, B and C case. "

She continues: "NWCI also welcomes the comments made by the Minister of State at the Department of Health, Kathleen Lynch this week that the government would not have a choice but to legislate for abortion in certain circumstances. NWCI concurs with the strong implication in the ECHR judgment that legislation is needed to give the necessary legal clarity to the issue. Introducing legislation is not liberalising the laws on abortion but in fact finally giving effect to a constitutionally guaranteed right decided by our highest court in 1992."

The NWCI will be making a submission to the Committee of Ministers of the Council of Europe in August highlighting its dissatisfaction with the delay in introducing any substantive measures to implement the European Court of Human Rights ruling in the A,B and C cases and the paucity of interim measures to respond to situations where a woman needs an abortion in Ireland because of a risk to her life including the risk of suicide.

The NWCI and its members believe this is a core issue for women's equality and will be holding the government to account on commitments made to the Council of Europe.

For further information contact:
Orla O Connor, Acting CEO, NWCI: 087-6483516
Jacqueline Healy, Women's Health and Human Rights Worker, NWCI: 085-
8586476