Preliminary hearing on abortion law

Updated: 22:06, Tuesday, 6 September 2005

The European Court of Human Rights has held a preliminary hearing in a case against the State over its failure to provide abortion services in Ireland.

1 of 1Human Rights Court - Irish woman's case opened
Human Rights Court - Irish woman's case opened

The European Court of Human Rights in Strasbourg has held a preliminary hearing in the case of an Irish woman who is suing the State over its failure to provide abortion services in Ireland.

The Irish woman has been granted anonymity by the court in the case, known as that of D versus Ireland.

D claims that her rights were violated by the restrictions that the 1995 Regulation of Information Act places on a doctor when advising a patient with lethal foetal abnormalities. 

Four years ago she terminated her pregnancy in England after tests showed her unborn child had what she understood to be a lethal chromosomal abnormality that would result in the death of the foetus before birth.  

D complains about the lack of abortion services in Ireland for cases of lethal foetal abnormality.  

She claims that the devastating impact of her diagnosis was exacerbated by the restrictions the 1995 act places on what doctors can tell a pregnant woman with a lethal foetal abnormality. 

She also complains that the act prevented her doctor from making a proper referral for an abortion and counselling overseas.

A date for the ruling has not been set but if the European Court finds that Ireland has violated the convention, the State is likely to have to review its laws on abortion.

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