Ireland: Abortion issue must be clarified by Irish government
Ireland must ensure that its domestic law and policy on access to abortion is in line with international human rights law, said Amnesty International today (17.11.2012).
The organization – which has written to Irish Minister for Health James Reilly - is concerned the tragic case of Savita Halappanavar illustrates a gap in Irish law and policy on the most basic human rights level - that is a woman’s right to access abortion where her life is at risk.
This right has already been established as a Constitutional principle by the Irish Supreme Court Amnesty International also expressed its concern about the lack of clarity as to whether or not a specific legislative framework is required.
“International human rights law is clear about the right of a woman to access a safe and legal abortion where her life is at risk,” said Colm O’Gorman, Executive Director of Amnesty International in Ireland.
“Successive Irish governments have failed in their duty to provide the necessary clarity on how this right is protected and vindicated, leaving women in Ireland in a very vulnerable position. Government must offer this clarity without further delay.”
“Ireland has been subject to criticism from international human rights bodies for its failure to bring domestic legislation in line with international human rights principles, including a very clear ruling from the European Court of Human Rights.” said Marianne Mollmann, senior policy advisor at Amnesty International’s International Secretariat.
The European Court of Human Rights stated the need for a legislative or regulatory regime providing an accessible and effective procedure for women to access a lawful abortion in Ireland when their lives are threatened by their pregnancy.
The report of the UN’s Review of Ireland’s human rights record in October of last year contains repeated calls from UN member states to bring Ireland’s domestic law in line with international human rights obligations and at the very least regulate access to life-saving abortions.
In 2011 the UN Committee Against Torture urged Ireland to clarify the scope of legal abortion through statutory law.
The organisation has noted the establishment of an investigation into the case of Savita Halappanavar, but has urged the Irish government to ensure that it be effective and transparent.
Notes to editors
Among the questions which AI believe are pertinent to the investigation are:
- Whether existing Irish Medical Council protocols were followed and did they provide sufficient guidance compatible with the constitutional position?
- Whether the patient suffered any form of discrimination or harassment because of her ethnicity, religion, or otherwise?
- Was this death ultimately preventable?
Amnesty International members adopted a policy on selective aspects of abortion, as part of its policy on sexual and reproductive rights, in 2007. It was informed by the growing use of rape and forced pregnancy in conflict situations throughout Europe and Africa and the documented link between illegal abortion and maternal mortality.
The policy is in line with current international human rights law.
Amnesty International believes states should:
Ensure the provision of full information on sexual and reproductive health to women and men;
Provide legal, safe and accessible abortion in cases of rape, sexual assault, incest
and risk to a woman's life, or grave risk to her health;
Repeal laws that permit the imprisonment or imposition of other criminal
sanctions on women who have had or sought to have an abortion and repeal laws
that seek to criminalize medical practitioners who provide information or abortion
services and operate within reasonable medical limitations;
Provide access to quality medical services for the management of complications arising from all abortions, legal or illegal.
For further information, please contact: Elizabeth Berton-Hunter (416) 363-9933 ext 332