Parliamentary Question addressed to the Minister for Health

Reply

 

Article 40.3.3 ° of the Irish Constitution states that

‘The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.’

 

The interpretation of Article 40.3.3 ° was considered by the Supreme Court in Attorney General v X (the X case [1992] 2 IR 1.).  The Supreme Court held that if it were established as a matter of probability that there was a real and substantial risk to the life, as distinct from the health, of the mother and that the real and substantial risk could only be averted by the termination of the pregnancy, such a termination is lawful.  

 

Further, in December 2009, the European Court of Human Rights heard a case brought by three women in respect of the alleged breach of their rights under the European Convention on Human Rights in regard to abortion in Ireland (the A, B and C v Ireland case [2010] ECHR 2032.).

 

The Protection of Life During Pregnancy Act 2013 was enacted in July 2013 and commenced in January 2014.  The purpose of this Act is to restate the general prohibition on abortion in Ireland while regulating access to lawful termination of pregnancy in accordance with the X case and the judgment in the European Court of Human Right in the A, B and C v Ireland case.

 

The implementation of the Protection of Life During Pregnancy Act 2013 is the responsibility of the Health Service Executive and as such, I have referred this question to the Health Service Executive for attention and direct reply.