A, B AND C v. IRELAND - 25579/05 [2010] ECHR 2032 (16 December 2010)

A, B AND C v. IRELAND - 25579/05 [2010] ECHR 2032 (16 December 2010)

The Court held that Ireland's failure to provide an accessible and effective procedure by which a woman could establish her right to a lawful abortion in the case of a real and substantial risk to her life constituted a violation of Article 8 of the Convention. However, the prohibition of abortion for health and...

Source-derived case information.

Citation
[2010] ECHR 2032
Parties
Applicant: Ms A; Applicant: Ms B; Applicant: Ms C; Respondent: Ireland
Jurisdiction
European Union
Judgment Date
16 December 2010
Procedural Posture
Application Under Article 34 of the European Convention on Human Rights / Grand Chamber Judgment
Outcome
Partially in favour of the applicants
Legal Topics
Abortion, Right to Private Life, Right to Life, Access to Medical Services, Constitutional Interpretation
Human Rights Law Constitutional Law Health Law Abortion Right to Private Life Right to Life Access to Medical Services Constitutional Interpretation

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Parties

Ms A

Applicant

Ms B

Applicant

Ms C

Applicant

Ireland

Respondent

Procedural Posture

Application Under Article 34 of the European Convention on Human Rights / Grand Chamber Judgment

Legal Issues

  1. 1 Whether the prohibition of abortion in Ireland for health and well-being reasons violates Article 8 of the Convention
  2. 2 Whether the failure to implement the constitutional right to abortion in life-threatening situations violates Article 8

Ratio Decidendi

The Court held that Ireland's failure to provide an accessible and effective procedure by which a woman could establish her right to a lawful abortion in the case of a real and substantial risk to her life constituted a violation of Article 8 of the Convention. However, the prohibition of abortion for health and well-being reasons did not violate Article 8, given the margin of appreciation afforded to the State.

Court Disposition

Partially in favour of the applicants

Orders

  • Ireland to take measures to ensure effective and accessible procedures for establishing a right to lawful abortion in life-threatening situations.
  • No monetary damages awarded.