Europe Escapes Forced Abortion Rule

In a case many
see as the “Roe v. Wade of Europe,” the Grand Chamber of
the European Court of Human Rights (ECHR) has ruled that the document
contains no “right” to abortion. That’s the Thursday decision in the case A, B and C v. Ireland.

A loss would
have forced all countries in the Council of Europe to allow abortion or face
large financial penalties in damages if sued. The case is pivotal because the
lawsuit was decided in the Grand Chamber of the ECHR and the judgment is
therefore binding on all lower chambers and member states.

Here’s the
background: Three women sued to have the Ireland’s constitutional amendment
protecting innocent life abolished. Alliance Defense Fund (ADF) attorneys
defended Ireland’s legal protections for pre-born children on behalf of the
Family Research Council. The three women, who never went to any doctor or court
in Ireland—went directly to Britain to obtain their abortions—fought to
establish a “right” to abortion in Ireland. The women also sought a
precedent that would open the door to abortion as a right across all of Europe
under the ECHR.

“No one should
be allowed to decide that an innocent life is worthless, and no one should
force any sovereign nation to give up its right to protect life in its
constitution if it so chooses,” says ADF Legal Counsel
Roger Kiska, who is based in Europe. “In this case, the court wisely
upheld that right as it has done in the past. The stakes were clearly high
for all of Europe, but also for other Western nations, such as the U.S.,
because their courts often closely watch how European courts are ruling.”

The court
dismissed the claims of two of the three women. In the remaining woman’s
situation, the court found that Ireland should provide a more clear procedure
to determine risk to the life of the mother and therefore access to abortion
rather than requiring a person in her situation to file a legal action with
regard to the country’s constitution. She was awarded 15,000 euros ($19,840)
in monetary damages.

“The court was
right to reassert that there is no right to abortion under the Convention, but
it’s regrettable that Ireland lost on the third count despite such a lack of
judicial record, physician consultation, or recourse to Irish courts,” Kiska
says. “We will be closely monitoring the effect of that portion of the
decision.”