Written answers

Thursday, 21 July 2016

Department of Health

Human Rights Committees

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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603. To ask the Minister for Health his role and the role of his Department relating to the remedies outlined by the United Nations Human Rights Committee in its views on the complaint brought by a person (details supplied); and if he will make a statement on the matter. [23915/16]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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The United Nations Human Rights Committee published its findings on Thursday 9th of June on complaints brought by Ms Amanda Mellet against the State. The complaint relates to the inability of Ms Mellet, who was carrying an unborn child with Edwards Syndrome (a fatal foetal abnormality), to access a termination of pregnancy within this jurisdiction.

My Department is currently studying the findings of the Committee and considering what measures should be taken. We are also consulting with the Office of the Attorney General and with the Department of Foreign Affairs and Trade as they act as the Agent for the Government before the United Nations Human Rights Committee.

The Deputy will be aware that termination of pregnancy is regulated in Ireland by constitutional and statute law and in particular the Eighth Amendment to the Constitution (Article 40.3.3) which acknowledges and guarantees in its laws to respect and, as far as practicable, to defend and vindicate that right, with due regard to the equal right to life of the mother.

I believe that the Government’s commitment to develop a consensus approach on the Eight Amendment within a Citizen’s Assembly is the way to move forward. The issue of fatal foetal abnormalities can be examined as part of this process and I would expect the views of the UN Human Rights Committee will also be considered.

Aside from the constitutional issue of the Eight Amendment I am also considering within the law what other services and supports can be put in place to help women in these circumstances.

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