Praveen Halappanavar has given instructions to his solicitor Gerard O'Donnell to proceed with an application to the European Court of Human Rights.
Savita Halappanavar’s family had earlier warned they would make such an application if Minister for Health James Reilly did not agree to a public inquiry into the circumstances of her death by today.
Mr Halappanavar’s solicitor told RTÉ News that in the absence of a full public inquiry, his client feels he has no option but to seek legal redress.
Mr O'Donnell told RTÉ's Drivetime that they are taking a case to the European Court of Human Rights on the grounds that "his client is entitled, under Article 2 of the European Convention on Human Rights, to a full and proper inquiry into his wife's death."
He went on to say that "normally the sort of parameters that are set down by the European court would be that such an investigation would be independent, would be effective, that it would be reasonable prompt, that it would contain some element of public scrutiny, and that the next of kin would be involved to an appropriate extent."
Early next week they intend to gather a team, engage counsel and look at their options for taking the case to Strasbourg.
Mr O'Donnell said from his client's point of view he has made a complaint about his wife's death and nobody is investigating his complaint.
The Health Service Executive and Health Information and Quality Authority are both investigating the circumstances surrounding the care and treatment Ms Halappanvar received at University Hospital Galway.
Mr Reilly said when he receives the reports of the two investigations he will take whatever action is needed.
The HIQA investigation will assess whether the services provided complied with the National Standards for Safer Better Healthcare and national and international evidence of what is known to achieve best outcomes.
The HSE is carrying out its clinical review into the death, even though Praveen Halappanavar said he had no confidence in the HSE.
Ms Halappanavar died on 28 October following a miscarriage. Her husband claims she asked for a termination, but her request was denied.