ABC v Ireland

Three women, known as A, B and C, challenged Ireland's restrictive abortion laws at the European Court of Human Rights.

This case was lodged with the European Court of Human Rights in August 2005. The challenge was heard at a full hearing before its Grand Chamber of 17 judges on December 9, 2009.

The case was taken by three women, supported by the IFPA, who travelled abroad for abortion services. They argued that the criminalisation of abortion services in Ireland jeopardised their health and wellbeing, in violation of a number of articles of the European Convention on Human Rights.

The first applicant had children in the care of the state as a result of personal problems and considered a further child would jeopardise the successful reunification of her existing family.

The second applicant was not prepared to become a single parent. The third applicant was in remission from cancer when she became pregnant. Unaware that she was pregnant she underwent a series of check ups contraindicated during pregnancy. She claims she could not obtain clear advice about the risks to her health and life and to the foetus if she continued to term.

The three applicants, who all became pregnant unintentionally, told the court that the impossibility of obtaining an abortion in Ireland made the procedure unnecessarily expensive, complicated and traumatic. In particular, they argued that Ireland’s restrictive abortion laws stigmatised and humiliated them and risked damaging their health and, in the third applicant’s case, even her life.

They contended that Ireland has breached their human rights under Articles 2 (Right to Life), 3 (Prohibition of Torture), 8 (Right to Respect for Family and Private Life) and 14 (Prohibition of Discrimination) of the European Convention on Human Rights.

In December 2011 the European Court of Human Rights delivered its verdict in the case of ABC v Ireland. The judges ruled unanimously that Ireland's failure to implement the existing constitutional right to a lawful abortion in Ireland when a woman's life is at risk violates Article 8 of the European Convention on Human Rights.

The Court unanimously found that Ireland’s abortion law violates women’s human rights and that Ireland must make life-saving abortion services available.

In June 2011, in its Action Plan to the Council of Europe on the implementation of the judgment the Irish Government has outlined plans to establish an expert group, with a view to making recommendations to Government on how this matter should be properly addressed.

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