Written answers

Thursday, 2 June 2016

Department of Health

Human Rights Cases

Photo of Paul MurphyPaul Murphy (Dublin South West, Anti-Austerity Alliance)
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84. To ask the Minister for Health his views on the conclusions of the recent United Nations universal periodic review of human rights which criticised Ireland’s abortion laws; and if he will make a statement on the matter. [13688/16]

Photo of Marcella Corcoran KennedyMarcella Corcoran Kennedy (Offaly, Fine Gael)
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I view the Universal Periodic Review as an important peer review process by which the international community holds each UN Member State to account in relation to our individual human rights record. I am proud of our own domestic record of protecting and promoting human rights and of our contribution to advancing human rights at an international level.

During the Review process a number of Member States had questions about the termination of pregnancy in Ireland. As the Deputy will be aware termination of pregnancy is regulated by constitutional and statute law.

Article 40.3.3 of the Irish Constitution (Eighth Amendment) provides as follows:

‘The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.’

The Protection of Life During Pregnancy Act 2013, was enacted following the judgment of the European Court of Human Rights in the A, B and C v Ireland case. The Act provides for guidance in relation to terminations that are lawful under our Constitution – essentially these circumstances are where there is a real and substantial risk to the life of the mother, which can only be averted by a termination of pregnancy.

The Government have made a commitment in the most recent Programme for Government to establish a Citizen’s Assembly to make recommendations to the Dáil on further constitutional changes and they will consider the Eighth Amendment as part of this work.

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