A.G. v. X [1992] IESC 1; [1992] 1 IR 1 (5th March, 1992)

A.G. v. X [1992] IESC 1; [1992] 1 IR 1 (5th March, 1992)

If it is established as a matter of probability that there is a real and substantial risk to the life, as distinct from the health, of the mother, which can only be avoided by the termination of her pregnancy, such termination is permissible under Article 40.3.3 of the Constitution. The evidence established a real and substantial risk to the life of the mother by suicide, which could only be avoided by termination. Therefore, the High Court's injunction was set aside.

Citation
[1992] 1 IR 1
Parties
Plaintiff: Attorney General; First Defendant: X (a minor); Second and Third Defendants: Parents of X
Jurisdiction
Ireland
Procedural Posture
Constitutional Appeal / Supreme Court Appeal From High Court Order
Outcome
Appeal allowed; High Court order set aside
Legal Topics
Abortion, Right to Life, Right to Travel, Interpretation of Constitution, Judicial Powers in Absence of Legislation
Constitutional Law Family Law Human Rights Abortion Right to Life Right to Travel Interpretation of Constitution Judicial Powers in Absence of Legislation

Case Brief

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Parties

Attorney General

Plaintiff

X (a minor)

First Defendant

Parents of X

Second and Third Defendants

Procedural Posture

Constitutional Appeal / Supreme Court Appeal From High Court Order

Legal Issues

  1. 1 Whether the courts have power to intervene to protect the right to life of the unborn in the absence of legislation
  2. 2 How to reconcile the right to life of the unborn with the equal right to life of the mother under Article 40.3.3 of the Constitution
  3. 3 Whether a real and substantial risk to the life of the mother justifies termination of pregnancy

Ratio Decidendi

If it is established as a matter of probability that there is a real and substantial risk to the life, as distinct from the health, of the mother, which can only be avoided by the termination of her pregnancy, such termination is permissible under Article 40.3.3 of the Constitution. The evidence established a real and substantial risk to the life of the mother by suicide, which could only be avoided by termination. Therefore, the High Court's injunction was set aside.

Court Disposition

Appeal allowed; High Court order set aside

Orders

  • The injunction restraining the defendants from leaving the jurisdiction or procuring an abortion is set aside.