Abortion laws
December 9, 2009
The women, all of whom went to England to terminate unplanned pregnancies, say the Catholic country's 1861 abortion laws violate their human rights.
Irish legislation stipulates that only mothers whose lives are considered to be at serious risk may seek a termination. But the three women, who are not named on the grounds that they could face life in prison if their identities are revealed, argue that their own circumstances warranted the procedure.
One is a recovering alcoholic whose four children are in foster care. She said a termination was crucial in order not to damage her chances of being reunited with her existing family.
Court documents revealed that another of the women had become pregnant while in remission from cancer and that to continue with the pregnancy could have caused the cancer to return. The papers said the woman had been "concerned about the risks to her health and life and to the foetus if she continued to term."
The last of the three was quoted as saying she "was not prepared to become a single parent."
Not a simple procedure
The women said the ancient legislation breeches many articles of the European Convention on Human Rights, including the prohibition of inhuman or degrading treatment and the right to respect for family and private life.
They further claim that the Irish government is violating the anti-discrimination clause in that only women with money can afford to travel abroad to have an abortion.
Julie Kay, the lawyer for the three women, all of whom suffered medical complications upon their return from England, said the law had "stigmatised and humiliated them and risked damaging their health, and in the third applicant's case, even her life."
She added that although, under the terms of the Irish constitution, mother and unborn child are granted equal rights, "it is not known when life begins." Philosophers, medical personnel and governments may have differing opinions, she said.
But the Irish public prosecutor Paul Gallagher said the citizens of his country had voted to keep the existing abortion laws in three referendums. He reminded the court that under the Lisbon Treaty the EU did not have the right to meddle with the legislation.
The court is expected to announce its verdict in the coming months.
tkw/AFP/dpa
Editor: Susan Houlton