The Committee of Ministers of the Council of Europe has welcomed the adoption of the General Scheme of the Protection of Life During Pregnancy Bill. The Committee of Ministers is the decision making body of the Council of Europe and is responsible for supervising the execution of judgments of the European Court of Human Rights (ECtHR).
On 4-6 June the Committee of Ministers met to discuss the implementation of a number of ECtHR judgments, including A, B and C v Ireland. This is the case which held that the lack of clarity in Ireland’s abortion laws violated the European Convention on Human Rights. In that decision C, a woman who suffered from a rare form of cancer, could not find a doctor willing to tell her whether or not she met the criteria for a lawful abortion in Ireland. Abortion is currently permitted in Ireland when the pregnancy creates a real and substantial risk to the life of the mother. The ECtHR held that the legal uncertainty about C's position constituted a violation of her Article 8 rights to privacy and family life.
The Committee of Ministers said that it approved of the proposed legislation, and noted “with satisfaction the significant progress made, encouraged the authorities to continue their efforts to ensure full compliance with the judgment and invited them to continue to keep the Committee informed of all developments.”
The Protection of Life During Pregnancy Bill was published on 13 June. Click here to view an article in the Irish Times about the draft legislation.
Click here to view notes from the Committee of Ministers' meeting.