Ms Leah Hoctor:

I think the material referred to by the Deputy is a submission to the committee on the rights of people with disabilities from a few weeks ago. My understanding is that the committee on the rights of people with disabilities has never said that women who received diagnoses of severe fatal foetal impairments should not be allowed legally to access abortion care in their countries, or that a state should prohibit women's access on these grounds.

The committee raised concerns regarding the legislative modality through which a state does that and gave its view that states should not include explicit legal terms in their laws regarding foetal impairment. The committee has never expressed any concern about a woman being legally allowed to access abortion care and services. Some countries in Europe, such as Switzerland and Sweden, have a health ground in their law but no explicit ground for access to abortion for foetal impairment. Germany also has such a ground but in all these countries women obtain legal abortion services when they receive a diagnosis of fatal foetal impairment and the committee on the rights of people with disabilities has never expressed any concern with the laws of these countries. In fact, along with all the other human rights mechanisms, the committee has stressed how important it is that women can access sexual reproductive health care, including access to abortion care. The committee's concern is around the legislative modality, as opposed to whether women who are suffering due to diagnoses of fatal foetal impairment should be allowed legally to access care.