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In reply to the discussion: Scandal in Ireland as woman dies in Galway 'after being denied abortion' [View all]rizlaplus
(159 posts)Disgusting. The Irish Prime Minister did promise the Roman Catholic lobby that he would never legislate for abortion nor for the X case.
The X case.
The X case involved a fourteen year old girl who had been raped by a neighbour and became pregnant. X told her mother of suicidal thoughts because of the unwanted pregnancy, and as abortion was illegal in Ireland, the family travelled to England for an abortion. Before the abortion was carried out, the family asked the Garda Síochána if DNA from the aborted foetus would be admissible as evidence in the courts, as the neighbour was denying responsibility. Hearing that X planned to have an abortion, the Irish Attorney General, sought an injunction under Article 40.3.3 of the Constitution of Ireland (which outlaws abortion) preventing her from having the procedure carried out. The injunction was granted by Mr Justice Declan Costello in the High Court.
The High Court injunction was appealed to the Supreme Court, which overturned it by a majority of four to one. The majority opinion held that a woman had a right to an abortion under Article 40.3.3 if there was "a real and substantial risk" to her life. This right did not exist if there was a risk to her health but not her life; however it did exist if the risk was the possibility of suicide. X had a miscarriage shortly after the judgement, before an abortion could be carried out.
The man who raped her and got her pregnant was sentenced to 14 years in prison. This was reduced on appeal to 4 years.