THE GOVERNMENT is to contest a legal challenge in the European Court of Human Rights by three women in Ireland against the State's abortion laws.
The defence to the challenge will be advanced on the basis that the women have not exhausted domestic legal avenues.
The Strasbourg-based court has agreed to hear a challenge by the women, who claim their rights were denied by being forced to terminate their pregnancies outside the State. The women claim the restrictive nature of Irish law on abortion jeopardised their health and wellbeing.
Their complaint centres on four articles in the European Convention on Human Rights, including protection from "inhuman or degrading treatment" and freedom from discrimination.
The identity of the three - known as A, B and C - will remain confidential as the case proceeds through the court.
Papers lodged with the court by the Government show that the main plank of its defence rests on its contention that domestic remedies have not been exhausted.
It says the recent "Ms D" case - which centred on the right of a 17-year-old girl in the care of the HSE to travel for an abortion - shows that the issue of abortion is arguable in the domestic courts.
However, papers for the three women assert that the issue of exhausting domestic remedies only applies to "adequate and effective legal remedies" and applicants are not required to exhaust a domestic remedy if the remedy is ineffective.
The Government's observations also note abortion has been determined by the people of Ireland through successive referendums and any change would require a further vote by the people.
In addition, the women's claim that they experienced "inhuman or degrading treatment" is contested on the basis that aftercare and post-abortion counselling services are available in Ireland.
The women at the centre of the legal challenge include: a woman who ran the risk of an ectopic pregnancy, where the foetus develops outside the womb; a woman who received chemotherapy for cancer; and a woman whose children were placed in care as she was unable to cope.
Any decision of the court is binding on the member states and must be complied with, except in very limited circumstances.
The court can decide to hold a public hearing, which would be likely to be held in the middle of next year. Alternatively, the court may review the case in paper format, followed by a public ruling, which could occur more quickly.
Pro-choice campaigners say a ruling by the court two years ago, which resulted in Poland being instructed to guarantee access to legal abortions, means the case has strong grounds.
