The European Court of Human Rights will today hear that an Irish woman who had an abortion in Britain felt compelled to "secretly transport her foetus" to Ireland in a small coffin for burial because of restrictions on abortion here.
The case, which could have major implications for the State, involves a woman who claims her inability to obtain an abortion in the Republic was a breach of her human rights. The Government, however, will argue that there is no conflict between the State's constitutional ban on abortion, except in the case of a threat to a woman's life, and the European Convention on Human Rights, which does not refer to abortion.
The woman, an Irish national in her late 30s, became pregnant with twins in 2001 but discovered months later that neither foetus would survive.
One stopped developing at eight weeks, and the other had a chromosomal abnormality which, she was told, was fatal.
As a result of the abortion she required follow-up medical treatment and felt obliged to tell her local hospital and family doctor that she had had a miscarriage.
Newly released court documents show the woman claims her human rights were infringed by the lack of abortion services for lethal foetal abnormality. She felt compelled to "secretly transport her foetus" back to Ireland.
The "devastating impact" of the diagnosis was exacerbated by restrictions on provision of information and by the necessity to travel abroad for a therapeutic abortion.
She says the State was in breach of six articles of the European Convention on Human Rights, including the obligation to respect human rights, the prohibition of inhuman or degrading treatment, and the right to respect for private and family life.
The Government, which is defending the case, will be represented by the legal adviser to the Department of Foreign Affairs, Patricia O'Brien, assistant legal adviser Brendan McMahon, along with Donal O'Donnell SC and Eileen Barrington.
The Pro-Life Campaign, which does not accept that the woman's rights were contravened, says it has been granted leave to make a submission to the court.
Dr Ruth Cullen of the campaign said: "If abortion were permitted solely on grounds where the unborn child has a disability, it would dramatically alter Ireland's ethos of care for its weakest members.
"The right to life is the most basic right of all. Everybody by virtue of their value and dignity deserves to have this right vindicated."
She said the court had refrained from defining the right to life of the unborn child and that it was appropriate to leave such sensitive decisions to national governments and their respective electorates.
