Minister for Health Simon Harris has announced that the government plans to award €30,000 to an Irish woman forced to travel abroad for an abortion, in the wake of landmark findings by the United Nations Human Rights Committee (UNHRC). The Government will also offer access to counseling to the woman in question, Amanda Mellet, as a measure of rehabilitation.
In 2013, the Centre for Reproductive Rights filed a complaint to the UNHRC on behalf of Ms. Mellet. Its argument was that Ireland’s abortion laws violated her basic human rights by subjecting her to severe mental suffering and anguish. In November 2011, Ms. Mellet was informed in the 21st week of pregnancy that her foetus had congenital defects, which meant that it would die in the womb or shortly after birth. Not wishing to continue with her pregnancy under the circumstances, Ms. Mellet had to travel to the UK to terminate the pregnancy as Irish law did not allow her to access abortion services within the State.
In June 2016, the UNHRC unanimously held that prohibiting Ms. Mellet from accessing abortion services in Ireland violated international human rights law’s prohibition on cruel, inhuman or degrading treatment, as well as violating her right to privacy. The State denied Ms. Mellet the bereavement counselling and medical care available to women who miscarry, and the Committee found that this differential treatment coupled with the failure to take account of her medical needs and socio-economic circumstances constituted discrimination.
The UNHRC found that the Irish government is obliged to provide compensation and measures of rehabilitation to Ms. Mellet for the human rights violations she endured. The Committee also recommended that the Government reform its abortion law so as to ensure that other women do not face similar human rights violations. The Minister Harris acknowledged the UNCHR’s recommendations and announced that the Government was awarding €30,000 to Ms Mellett in compensation. In response to the announcement Ms. Mellet said “I am immensely grateful to Minister Harris for his personal apology to me last night and offer of compensation and counselling. It goes a long way towards closure for what was the most painful chapter of my life.”
It has since been reported in the Irish Times that Professor Sarah Cleveland, an independent member of the UNHRC, has suggested that if women in a similar situation to Ms. Mellet took a case to the Committee, the Government would also be required to pay them compensation. Prof. Cleveland made clear that Ireland would remain in breach of its human rights obligations as interpreted by the Committee until such time as the ban on abortion is relaxed. It is understood another case has been lodged, with others expected to follow.
Click here and here for previous Bulletin articles on the ruling.
Click here for the Irish Times article.