''Mellet v Ireland'' is a finding from the
United Nations Human Rights Committee
The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per y ...
in 2016 that the
Republic of Ireland
Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. A ...
's
abortion laws
Abortion laws vary widely among countries and territories, and have changed over time. Such laws range from abortion being freely available on request, to regulation or restrictions of various kinds, to outright prohibition in all circumstances ...
violated human rights and the
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedo ...
by banning
abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
in cases of fatal foetal abnormality and by forcing her to travel to the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
for an abortion.
Background
Amanda Mellet
Amanda Mellet became pregnant in 2011. In November 2011, in the 21st week of pregnancy, a routine scans in the
Rotunda Hospital
The Rotunda Hospital ( ga, Ospidéal an Rotunda; legally the Hospital for the Relief of Poor Lying-in Women, Dublin) is a maternity hospital on Parnell Street in Dublin, Ireland, now managed by RCSI Hospitals. The eponymous Rotunda in Parnell Squ ...
showed the foetus was suffering
Edwards syndrome
Edwards syndrome, also known as trisomy 18, is a genetic disorder caused by the presence of a third copy of all or part of chromosome 18. Many parts of the body are affected. Babies are often born small and have heart defects. Other features in ...
, a fatal condition. Staff at the hospital told her that she could not have an abortion in that juristicion but would have to "travel". With the help of a family planning clinic, she, and her husband, travelled to
Liverpool Women's Hospital
Liverpool Women's Hospital is a major obstetrics, gynaecology and neonatology research hospital in Liverpool, England. It is one of several specialist hospitals located within the Liverpool City Region, alongside Alder Hey Children's Hospital, ...
for a termination. They had to return to Ireland only 12 hours after the termination because they could not afford to stay later. The procedure cost €2,000, as there is no financial assistance from the State or private health insurers for women who terminate pregnancies abroad. The Rotunda did not provide bereavement counselling to parents who terminate the pregnancy for fatal foetal abnormalities, but it will provide such counselling to women who do not terminate. The hospital did not provide any options regarding the foetus's remains, so they left them behind. The ashes were unexpectedly delivered three weeks later by courier.
In February 2012, Mellet and her husband spoke about their case to ''
The Irish Times
''The Irish Times'' is an Irish daily broadsheet newspaper and online digital publication. It launched on 29 March 1859. The editor is Ruadhán Mac Cormaic. It is published every day except Sundays. ''The Irish Times'' is considered a newspaper ...
'', which used the pseudonyms "Rachel and Tim". After the case, she was involved with the advocacy group
Termination for Medical Reasons
A termination for medical reasons (TFMR) is an induced abortion motivated by medical indications involving the fetus or mother. In most countries, health risks are the only basis for obtaining a legal abortion. Prenatal screening can allow earl ...
.
The
Center for Reproductive Rights
The Center for Reproductive Rights (CRR) is a global legal advocacy organization that seeks to advance reproductive rights, such as abortion. The organization's stated mission is to "use the law to advance reproductive freedom as a fundamental huma ...
filed the complaint on Mellet's behalf.
This was the first time that an international body found that criminalising abortion in cases of fatal foetal abnormality violated the right to be free from torture, inhuman and degrading treatment or punishment.
Abortion law in Ireland
Abortion was banned in nearly all cases in the
Republic of Ireland
Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. A ...
until 2018. There was a constitutional protection for the unborn after the 1983
Eighth Amendment. The 2013 law, the
Protection of Life During Pregnancy Act 2013
The Protection of Life During Pregnancy Act 2013 ( Act No.35 of 2013; previously Bill No.66 of 2013) was an Act of the Oireachtas which, until 2018, defined the circumstances and processes within which abortion in Ireland could be legally perfor ...
allowed for abortion in case of danger to the life of the mother. In June 2017 the Citizens Assembly recommended holding a referendum to repeal the 8th Amendment. A referendum was held on May 25, 2018, to repeal the 8th Amendment, which passed with a large majority (66.4%) of the vote.
Ruling
In 2016, the
United Nations Human Rights Committee
The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per y ...
found that Ireland's abortion law violated the United Nations International Covenant on Civil and Political Rights and called for the government to offer her compensation and counselling and for it to change its laws to allow for abortion in cases of fatal foetal abnormality.
The committee found that she had been subjected to discrimination and cruel,
inhuman or degrading treatment
Cruel, inhuman or degrading treatment (CIDT) is treatment of persons which is contrary to human rights or dignity, but is not classified as torture. It is forbidden by the Universal Declaration of Human Rights, Article 3 of the European Convention ...
as a result of Ireland's legal prohibition of abortion. The committee said that in addition to the shame and stigma associated with the criminalization of abortion of a fatally-ill foetus, Mellet's suffering was aggravated by the obstacles that she faced in getting information about the appropriate medical options.
Reaction
Amanda Mellet
Ms Mellet welcomed the ruling, and called on abortion to be decriminalised.
Irish Government response
The formal response to the finding from the Irish Government (delivered on 1 December 2016) was to explain the Citizens' Assembly process, which would report to the Oireachtas by mid 2017.
Abortion rights campaigners
The
Abortion Rights Campaign
The Abortion Rights Campaign (ARC) is an Irish abortion rights group. The group's goal is the introduction of free and legal abortion in Ireland and Northern Ireland. A significant aim prior to May 2018 was the repeal of the Eighth Amendment of ...
welcomed the ruling, and called it a milestone.
Terminations for Medical Reasons welcomed the decision of the committee saying "The Committee has determined that Ireland, by refusing access to safe and legal abortion services, is abusing women by treating them in a cruel, inhuman and degrading manner."
The
Irish Council for Civil Liberties
The Irish Council for Civil Liberties ( ga, An Chomhairle um Chearta Daonna) is an Irish non-profit organisation dedicated to supporting the civil liberties and human rights of people in Ireland.
History
Founded in 1976 by future President Mary R ...
said the report "cranks up the pressure" on the Government to reform Ireland's "antediluvian" abortion laws.
Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
in Ireland welcomed the ruling, calling it "ground breaking".
Anti-abortion campaigners
Youth Defence
Youth Defence is an Irish organisation that opposes legalisation of abortion. It was founded in 1986 (during the 1986 divorce referendum), lay dormant, and was reformed in 1992 following the ''X Case'' ruling. It shared offices with the Euro ...
strongly condemned the ruling, calling it "deplorable".
The
Pro Life Campaign
Pro Life Campaign (PLC) is an Irish Opposition to the legalization of abortion, anti-abortion advocacy group, advocacy organisation. Its primary spokesperson is Cora Sherlock. It is a non-denominational organisation which promotes anti-abortion ...
condemned the judgement, and accused the UN of being a "de facto lobby group for abortion", and criticised the offer of compensation.
The
Catholic
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
Archbishop
In Christian denominations, an archbishop is a bishop of higher rank or office. In most cases, such as the Catholic Church, there are many archbishops who either have jurisdiction over an ecclesiastical province in addition to their own archdi ...
of
Armagh
Armagh ( ; ga, Ard Mhacha, , "Macha's height") is the county town of County Armagh and a city in Northern Ireland, as well as a civil parish. It is the ecclesiastical capital of Ireland – the seat of the Archbishops of Armagh, the Pri ...
,
Eamon Martin
Eamon Martin KC*HS (born 30 October 1961) is a prelate of the Catholic Church from Northern Ireland who has been Archbishop of Armagh and the Primate of All Ireland since 2014.
Early life and education
Martin was born in Derry, Northern Irela ...
opposed the finding, saying abortion was a matter for the Irish people, and reaffirmed the Catholic view that abortion should not be allowed in this case.
Compensation
In November 2016, the government paid her €30,000 for the suffering caused by having to travel to another country.
Minister for Health A health minister is the member of a country's government typically responsible for protecting and promoting public health and providing welfare and other social security services.
Some governments have separate ministers for mental health.
Coun ...
Simon Harris
Simon Harris (born 17 October 1986) is an Irish politician who has served as Taoiseach and leader of Fine Gael since 2024. A TD for the Wicklow constituency since 2011, he has served as a minister in the government of Ireland since 2016 and f ...
(from
Fine Gael
Fine Gael (, ; English: "Family (or Tribe) of the Irish") is a liberal-conservative and Christian-democratic political party in Ireland. Fine Gael is currently the third-largest party in the Republic of Ireland in terms of members of Dáil à ...
),
Labour
Labour or labor may refer to:
* Childbirth, the delivery of a baby
* Labour (human activity), or work
** Manual labour, physical work
** Wage labour, a socioeconomic relationship between a worker and an employer
** Organized labour and the labour ...
's
Alan Kelly and
Fianna Fáil
Fianna Fáil (, ; meaning 'Soldiers of Destiny' or 'Warriors of Fál'), officially Fianna Fáil – The Republican Party ( ga, audio=ga-Fianna Fáil.ogg, Fianna Fáil – An Páirtà Poblachtánach), is a conservative and Christian- ...
's
Billy Kelleher met Mellet and her family to offer the compensation and counselling just one week before the deadline to reply from the UN.
This was the first time the Irish government had agreed to compensate someone in such a case. Some legal sources do not think this will set a precedent for the Irish courts,
whereas a member of the UN committee said that if another woman took a similar case before the committee, Ireland would have to pay compensation.
Further cases
In 2017, there was a similar case, ''Whelan v Ireland'' in which the government paid the woman €30,000 in compensation.
See also
*
Abortion in the Republic of Ireland
Abortion in Ireland is regulated by the Health (Regulation of Termination of Pregnancy) Act 2018. Abortion is permitted in Ireland during the first twelve weeks of pregnancy, and later in cases where the pregnant woman's life or health is at ris ...
*
D v Ireland
*
Miss D
Miss D refers to an abortion case in Ireland, Amy Dunne was a girl who wanted to travel to the United Kingdom for an abortion. Her identity was kept private at the time, and she was referred to only as Miss D.
Amy Dunne was a teenage girl who bec ...
References
External links
Findings of the committee
{{Abortion in the Republic of Ireland
Abortion case law
Abortion in the Republic of Ireland
2016 in the Republic of Ireland
United Nations Human Rights Committee case law