Fuck.
After appealing to the high court, it looks like the young woman in Ireland who was being withheld from leaving the country to seek an abortion in the UK is not being granted permission to leave.
While the Health Service Executives (who were originally prohibiting her from leaving) agreed on Friday to allow her to travel to the UK for the abortion as long as the judge ruled it was appropriate and under other conditions, the judge stated that granting the order would amount to a failure to protect the rights of the fetus and hence would be unlawful and "improper."
Now the HSE is trying to fix their fuck-up by bringing a judicial action review, saying that the judge misconstrued the law and that the woman should be allowed to travel.
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I can't believe this, it's so so so fucked up. That girl must feel utterly powerless. It's a gross violation of human rights.
This is so outrageously fucked. The idea that they can keep this woman from leaving the country is just unbelievable. Not only are her rights being denied, in a physical sense, the longer this takes, the more physically stressful and expensive the abortion is going to be. This is an all around horrible situation. If I were her, I'd leave the country and never come back the moment I turned 18.
Doesn't membership in the European Union require that certain human rights (like the right to free movement between other EU countries) be observed? Could Ireland be taken to the Supreme Court of the EU for this?
Terrible. I hope people are paying attention in the U.S., since virtually all the Republican presidential candidates want the same thing for this country.
What would the conditions set by the HSE be? She's free to travel anywhere in the UK as long as the Pope escorts her?
There's something really odd going on here.
During the week she was in the High Court and it looked like she was going to be allowed to travel. Then the HSE - who started this whole damm circus by asking the Guards to prevent her from traveling (the Guards told them they couldn't and wouldn't do it without a court order by the way, hurray for the Guards!) and asking the Passport Office to refuse her a passport - seem to have gone to the District Court and asked for a clarification. And that's where this ruling on Saturday morning comes from.
The HSE's argument seems to be that she is in their care, if she leaves the country (even briefly) then she leaves their care, which seems to be a no-no. And if they 'aid' her in leaving the country, i.e. allow her to do it with their knowledge then, oh I dunno, some lame-asked malarky about how that would be a State body aiding and abetting and abortion. WHICH ALREADY HAPPENS. At least 6 women have traveled to the UK this past year, funded by the HSE to obtain abortions in cases where the fetus has abnormalities incompatible with life. And the State funds counseling agencies that tell women how to obtain abortions in the UK and mainland Europe.
AND, the X case a few years ago has already established a woman's right to travel. But she's not 18 so she's not a woman? And X was what, 14?
Oh and just to add icing to the cake there are anti-abortionists demonstrating outside the High Courts today (Pro-lifers outside the four courts) today. Just what the poor girl needs.
And now, the Attorney General, speaking for the Irish State has insisted that
there is nothing to prevent the girl from travelling. Basically the Irish law as regards abortion is in such a mess that each judge seems to be able to rule exactly as his/her personal preference.
There's something really odd going on here.
During the week she was in the High Court and it looked like she was going to be allowed to travel. Then the HSE - who started this whole damm circus by asking the Guards to prevent her from traveling (the Guards told them they couldn't and wouldn't do it without a court order by the way, hurray for the Guards!) and asking the Passport Office to refuse her a passport - seem to have gone to the District Court and asked for a clarification. And that's where this ruling on Saturday morning comes from.
The HSE's argument seems to be that she is in their care, if she leaves the country (even briefly) then she leaves their care, which seems to be a no-no. And if they 'aid' her in leaving the country, i.e. allow her to do it with their knowledge then, oh I dunno, some lame-asked malarky about how that would be a State body aiding and abetting and abortion. WHICH ALREADY HAPPENS. At least 6 women have traveled to the UK this past year, funded by the HSE to obtain abortions in cases where the fetus has abnormalities incompatible with life. And the State funds counseling agencies that tell women how to obtain abortions in the UK and mainland Europe.
AND, the X case a few years ago has already established a woman's right to travel. But she's not 18 so she's not a woman? And X was what, 14?
Oh and just to add icing to the cake there are anti-abortionists demonstrating outside the High Courts today (Pro-lifers outside the four courts) today. Just what the poor girl needs.
And now, the Attorney General, speaking for the Irish State has insisted that
there is nothing to prevent the girl from travelling. Basically the Irish law as regards abortion is in such a mess that each judge seems to be able to rule exactly as his/her personal preference.
Ooops. Sorry for the double post. Technical problems at my end made me think the post hadn't gone throuh.
Very important to protect the rights of a non-viable fetus. WTF?
Here is a press release about 2 of the cases taken to the ECHR, which did not bring about the results that the Irish women had wanted. I'd be interested to read more about the outcomes of what happened when these women went to the ECHR.
Um, this doesn't make sense. I thought you didn't need a passport to move between Ireland and UK anyway. I mean, I've done it. It's like hopping a plane out of boredom. It costs 9 euro. How did the garda even catch her?
Um, this doesn't make sense. I thought you didn't need a passport to move between Ireland and UK anyway. I mean, I've done it. It's like hopping a plane out of boredom. It costs 9 euro. How did the garda even catch her?
SJ- thats what I don't understand either. I wonder how they caught her? Going to GReat Britain from the Republic of Ireland is nothing; between Northern Ireland and the Republic there isn't even a SIGN like when you go between states in the U.S. or even the counties in Ireland. (Just everything is in pounds and is more expensive...grrr).
However she ended up in the governments possesion though, it's just horrible. So violating. And don't people who are "pro-life" in Ireland going to realize what potential this has for backlash?
The thought that this could happen in the US makes me shudder.
Freja, the reason this came up is because some wanker in the HSE told the police. The whole reason the right to travel came into question in this case is because the girl is a minor and a ward of the state - she was taken into care some time ago because her mother was apparently unable to look after her.
The ease of access to northern ireland isn't an issue, though, because abortion isn't legal there, despite it being part of the UK.
Just found this: Safe and Legal in Ireland blog, the blog of the Safe and Legal in Ireland campaign.
It's got reprints of most of the media coverage of the issue. Lots of good clarifying articles.
String_Bean_Jen -- If I recall correctly, the European Court dismissed the suit because the law had not been challenged in Irish courts. I think in order to bring something to the European Courts, you would first have to challenge it here.
http://news.bbc.co.uk/2/hi/uk_news/6639673.stm
Thanks for the update BabyPop! Great news...