In A and B plus C v. Ireland, it had been held by the European Court of Human Rights, that the failure to lay down legal procedure whereby pregnant women could ascertain whether or not her circumstances came within the constitutional provisions, contravened Article 8 of the Convention. No legislative expression was given to the content or regulation of the Eighth Amendment until the Protection of Life During Pregnancy Act 2013. The 2013 Act replaced the 1861 Act created the offence of intentionally destroying unborn human life.<\/p>\n
In A and B v. Eastern Health Board, a 13-year-old girl became pregnant as a result of rape and was in the care of the health authority. That Health Board applied to the District Court for an order under the Child Care Act to permit the child to be taken to England for an abortion. The child’s parents sought to challenge the decision by way of judicial review in the X case. In the C case, District Court held that the threat of suicide was not imminent. But if the pregnancy was allowed to continue, the risk would increase substantially. Accordingly, the abortion was permitted.<\/p>\n\n
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Constitutional Guarantees Article 40.3.2 of the Constitution reads that “The State shall, by its laws protect as best it may from unjust attack and, in the case of injustice done, vindicate the life of… every citizen”. The right to life is expressly protected in many of the key international human rights instruments. The so-called right […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[37,164],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1009"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=1009"}],"version-history":[{"count":7,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1009\/revisions"}],"predecessor-version":[{"id":22115,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1009\/revisions\/22115"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1009"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1009"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1009"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}