09-11-27 Examples of Human Rights Courts in Action.

European Human Rights Court Could Be Europe’s Roe v. Wade

Posted by editorial staff on Jul 22nd, 2009 and filed under Featured Articles, International. You can follow any responses to this story through the RSS 2.0. Share your thoughts and leave a comment.

The European Court of Human Rights in Strasbourg, France, has agreed to hear a challenge by three women who sought an abortion in Ireland but were refused because of the countries laws protecting the pre-born children.

Photo of the European Court of Human Rights Court in Strasbourg, France.

The three women, in a hearing that will be before the Grand Chamber of 17 judges, contend that the Irish law against abortions puts their health at risk and violates their human rights. The identities of the three will remain confidential, but are known as woman A, B and C, the Irish Times reports.

The three women, who live in Ireland, traveled to the United Kingdom to have an abortion. One woman claims she was at risk of an ectopic (“out of place”) pregnancy, where the baby develops in another area of than the uterine wall. The other claim was from a pregnanat woman who received chemotherapy for cancer. Finally the third woman says she was simply unable to cope with children, as her other children were placed in care.

The court in Strasbourg, or called the Grand Chamber, adjudicates on human rights issues among the 47 states of the Council of Europe. Any court decision at this level is binding on the state involved.

The court’s decision to hold a hearing before the Grand Chamber rather than a smaller chamber of seven judges shows the significance of the issues at stake.

The state is expected to launch a robust defense of their restrictions on abortions.

Alliance Defense Fund (ADF) is defending Ireland’s legal protections of the pre-born behalf of the Family Research Council. In November 2008, ADF and the Family Research Council filed a joint brief, along with two other pro-life organizations at the court’s request, after it allowed the groups to intervene as defendants in the case.

“This case could mean the difference between life and death for countless pre-born children who have been guaranteed protection under the Constitution of Ireland,” says said ADF Legal Counsel Roger Kiska, who is based in Europe. “For countless nations, life is in the balance for an untold number of pre-born children i