Reform ordered as court rules Irish abortion ban violated woman's rights

Ireland has been ordered to reform its complex abortion laws after European judges ruled a ban violated the rights of a woman who feared a cancer relapse during an unplanned pregnancy.

The woman was being treated for a rare form of the disease and was forced to travel to the UK in 2005 for a termination because of fears she or the unborn child would fall seriously ill.

Identified only as "C" the woman, a Lithuanian, said she could not get clear advice in Ireland and the country's limited ban stigmatised and humiliated her and put her health at risk.

The European Court of Human Rights yesterday ruled the government failed to give domestic courts clear direction on when abortion is legal.

Despite the ruling, health minister Mary Harney suggested the country would not be thrown into a contentious fourth referendum, 27 years after the first.

"I don't want to pretend there is an easy solution. We have to legislate, there's no doubt about that," she said.

Susan McKay, chief executive of the National Women's Council of Ireland, accused the government of putting up a "shameful" defence of the law.

"The government tried to claim its cowardly position was based on profound moral values. This was a shameful defence. How can forcing women with life-threatening illnesses to go abroad for a medical procedure be moral?" she asked.

"The decision to have an abortion is not one that can be lightly taken, but there are circumstances in which it is necessary."

Ireland has had three referenda on abortion law: 1983, affirming an outright ban; 1992, allowing women to legally travel for a termination and access information while maintaining the domestic ban; 2002, when by a margin of less than 1 per cent of the vote the ban was upheld.

However, a series of court judgments complicated issues such as the "X case" of a 14-year-old girl who became pregnant after being raped. She was allowed to travel because of the substantial risk of her taking her own life.

As it stands in Ireland, a woman is allowed an abortion if her life is at risk from high blood pressure, an ectopic pregnancy or cervical cancer.Two other women, known only as A and B, who also claimed a violation of rights over the abortion ban, had their cases dismissed.

Julie Kay, lead legal counsel for the women, said: "No other woman in a life-threatening situation should be forced to endure the uncertainty, humiliation and distress applicant C did when faced with a threat to her life."

The European Court found that the only non-judicial means for determining the risk facing C was a doctor's opinion, which they said was ineffective.

She had undergone chemotherapy and was in remission from cancer when she unintentionally fell pregnant.

The judges said under Irish law a doctor faced the "chilling" threat of life in jail if he or she ordered an abortion and was later found to be wrong.

The court criticised the government for leaving judges with a lack of clear information on lawful abortion.

And it said that there had been no explanation why the existing constitutional right to abortion, due to real and substantial risk to the life of the expectant mother, had not been implemented.

According to the Department of Health in England, 4,422 women gave Irish addresses at UK hospitals and clinics while attending for abortion. The figure is down from 6,673 in 2001.