Tuesday, July 29, 2008

Judge withdraws from Irish abortion hearing

From The Irish Times
CARL O'BRIEN, Social Affairs Correspondent
Tuesday, July 29 2008

THE IRISH judge appointed to the European Court of Human Rights is to withdraw from hearing a forthcoming case involving three women living in Ireland who are challenging the State’s ban on abortion.

Dr Ann Power SC, who was appointed to the court earlier this year, will be replaced by the Supreme Court judge Mr Justice Nicholas Kearns. The court did not say why Dr Power had withdrawn except that she had done so in accordance with rule 28 of the court. This states, among other things, that judges may not take part in the consideration of any case where they have a personal interest or where they have previously acted as an adviser, advocate of a party which has an interest in the case.

Dr Power has previously represented the Irish Bishops’ Conference at an Oireachtas hearing on abortion. The group strongly supports a constitutional ban on abortion which would guarantee the right to life of the unborn child.

No date has been set for the case to be heard involving the three women, although it is likely to be within the next year.

As many as 17 judges may sit on an individual case if it is heard in public before the court’s grand chamber.

The case involving the three women is being contested on the basis that their human rights were infringed by being forced to terminate their pregnancies outside the State. The identity of the three women – known as A, B and C – will remain confidential as it proceeds through the court.

They include a woman who ran the risk of an ectopic pregnancy, where the foetus develops outside the womb; a woman who received chemotherapy for cancer; and a woman with addiction problems whose children were placed in care. Their complaint centres around four articles in the European Convention on Human Rights, including protection from “inhuman or degrading treatment” and freedom from discrimination.

The Irish Family Planning Association, which is supporting the case as part of its campaign to introduce legal abortion services in Ireland , said the grounds on which the case is being taken are “very strong”. The association said it was pleased the case was now progressing and it understood that the Government has been invited to respond to the complaints lodged by each of the three women before the end of September.

Once the Government has submitted its response, the association – together with the three women and their legal team – will be invited to consider and comment on what has been presented.

A spokesperson for the association said: “We are hopeful that the court will issue a positive recommendation in favour of the three women. This will bring pressure to bear on the Government to reform Irish abortion laws.”

The campaign to liberalise abortion law is opposed by anti-abortion groups which argue that a new constitutional amendment is needed to prohibit abortion. They say there is a need to restore legal protection for unborn children after the 1992 Supreme Court decision in the X case, which legalised abortion in certain circumstances.

Monday, July 28, 2008

European court to hear women's challenge to ban on abortion

From The Irish Times
CARL O'BRIEN, Social Affairs Correspondent

Mon, Jul 28, 2008

THE EUROPEAN Court of Human Rights has agreed to hear a challenge by three Irish women to the Government's ban on abortion on the basis that their rights were denied by being forced to terminate their pregnancies outside the State.

The women claim the restrictive nature of Irish law on abortion jeopardised their health and their wellbeing. Their complaint centres around four articles in the European Convention on Human Rights, including protection from "inhuman or degrading treatment" and
freedom from discrimination.

The identity of the three women – known as A, B and C – will remain confidential as it proceeds through the court.

They include a woman who ran the risk of an ectopic pregnancy, where the foetus develops outside the womb; a woman who received chemotherapy for cancer; and a woman whose children were placed in care as she was unable to cope.

The Irish Family Planning Association (IFPA), which is supporting the case as part of its campaign to introduce legal abortion services in Ireland, said the grounds on which the case is being taken are "very strong".

"We hope the case will advance quickly through the court, ultimately making a strong recommendation to the Government to reform Irish laws and the current status quo on abortion," a spokesperson said.

The Government has been asked by the court to indicate who they wish to sit as a judge in the case and to submit its observations to the Strasbourg-based court.

The case was originally lodged with the court three years ago. However, the court has in recent weeks requested written observations from the Government and the women involved.

Any decision of the court is binding on the member states and must be complied with, except in very limited circumstances.

The court can decide to hold a public hearing, which would be likely to be held in the middle of next year. Alternatively, the court may review the case in paper format, followed by a public ruling, which could occur more quickly.

The IFPA says the case has the potential to contribute to a change in the law, just as the 1988 Norris case resulted in the decriminalisation of homosexuality.

It points to a ruling by the court two years ago which resulted in Poland being instructed to guarantee access to legal abortions.

It awarded damages to Alicia Tysiac, a 36-year-old woman who had sought an abortion when her doctor warned that giving birth again would seriously damage her already failing eyesight.

She was unable to terminate the pregnancy. After giving birth, she suffered a retinal haemorrhage, and her sight deteriorated drastically.

Anti-abortion groups here, meanwhile, argue that a new constitutional amendment is needed to prohibit abortion.

They say there is a need to restore legal protection for unborn children as a result of the 1992 Supreme Court decision in the X case, which legalised abortion in certain circumstances.

© 2008 The Irish Times

Monday, July 21, 2008

Abortion in Northern Ireland

Abortion report - Legal battle leads to landmark abortion consultation paper - More than 40 years after abortion was legalised in Britain, the public in Northern Ireland are being asked for the first time for their views
Date: Thursday, July 17, 2008
Source: Irish News
Author: Seanin Graham

A landmark legal battle launched seven years ago about abortion services in Northern Ireland has led to the first ever public consultation on the issue. The Department of Health yesterday published a 20-page 'guidance' document on the laws and clinical practices relating to the procedure, which remains strictly limited to women whose physical or mental health may be seriously damaged by the pregnancy. It insists existing laws on abortion in the north will not be changed with the report's publication.

The development stems from legal action by the Family Planning Association (FPA)in 2001, which claimed that not all women were being made aware of their rights by healthcare professionals. After the FPA won the right to a judicial review in 2004, the courts ordered the department to review the "adequacy" of services for women seeking terminations and to issue "appropriate guidance". A 10-week consultation period will now begin, allowing the public to have their say on the matter.

Abortion laws in the north differ radically from those in England, Scotland and Wales. The guidance document repeatedly states that abortion is only legal in the north if there is a "serious threat to the life of the woman" or it "would adversely affect her physical or mental health". Women seeking abortion must show that continuing their pregnancy would lead to "real and serious" risks to their health, which are "permanent or long term". Foetal abnormality is not recognised as grounds for termination, unlike in Britain.

Authors accept that the onus will be on the patient's GP to determine whether an abortion is warranted and that this will be a "difficult decision". "Each case requires careful and sensitive assessment within the law as outlined in this guidance," the paper states. "It is important for practitioners to appreciate that anyone who unlawfully performs a termination of pregnancy is liable to criminal prosecution with a maximum penalty of life imprisonment."

The guidance highlights that two doctors - if it is practical - who are familiar with the patient's medical history should make a clinical judgment on whether an abortion is legally warranted. However, it states that in an emergency "it may be sufficient" for a single doctor to assess whether a termination is appropriate.

One of the most difficult issues for medics lies in determining if the pregnancy is likely to cause long-term difficulties for the patient's physical or mental health. The paper points to specific problems in assessing women who have a history of psychiatric problems or severe learning disabilities. It recommends that a psychiatrist should be involved in the care of patients with mental health problems.

Similarly, child and adolescent psychiatrists should be involved in any assessment of under-18s suffering from mental illness. There are long waiting lists in the mental health sector in Northern Ireland, especially in child and adolescent services.

The guidance, meanwhile, states that staff who have "conscientious objections" to abortion on moral or religious grounds should have their rights "recognised and respected" - except in circumstances where the woman's life is in "immediate danger". There are no measures in place across the north's health trusts to deal with such objections and the document recommends that "appropriate arrangements" should be introduced to deal with such requests. If a doctor, nurse or midwife has an objection, they should refer the patient to another health professional. The guidance adds: "Staff with a conscientious objection cannot opt out of providing general care for women undergoing termination of pregnancy. The personal beliefs of staff should not prejudice general patient care."

Gaining patient consent and providing adequate information and services to women both before and after abortion is also dealt with in the document. Women must have "sufficient competence" to understand the procedure, and their consent must be voluntary. Counselling and support should be provided to the woman, both before and after the procedure. The guidance document notes that counselling is not a regulated activity in the north. Access to services should also be ensured for non-English-speaking women and those with speech problems, hearing impairments and physical or learning disabilities.

The Department of Health last night said the guidance "simply restates the legal position" and cannot make any changes to the law. "Health professionals involved in this area of work have told us they are uncertain about the law in relation to abortion and this guidance offers clinical advice and good practice advice to help them make informed decisions and take appropriate action," a spokesman said. "It is intended that, following consultation, the finalised guidance will be published in early October 2008."

QUESTIONS AND ANSWERS
Q: Is abortion legal in Northern Ireland?
A: Abortions are strictly limited and can only be performed if it can be proved that the pregnancy would damage the physical or mental health of the woman. Fetal abnormality is not recognised as grounds for termination in the north, unlike in Britain.
Q: What is the law in England, Wales and Scotland?
A: The 1967 Abortion Act legalised terminations up to 24 weeks of pregnancy. Women from Northern Ireland are not entitled to an NHS abortion in England.
Q. Do the 2008 guidelines on abortion for Northern Ireland change existing laws?
A: The Department of Health has said it simply restates the current legal position.
Q: How many legal abortions are carried out in Northern Ireland each year?
A: Official government figures suggest there are 70 to 80 abortions carried out annually.
Q: How many women travel to Britain for abortions?
A: An average of 1,300 women travel from Northern Ireland to England for abortions each year. The average cost is £1,000 for medical fees and travel.