NCJ Number
153836
Journal
New England Law Review Volume: 28 Issue: 2 Dated: (Winter 1993) Pages: 543-576
Date Published
1993
Length
34 pages
Annotation
This article examines the nature and impact of the Irish Supreme Court's decision to protect the life of the unborn through restrictions on the travel of pregnant women, who might have abortions in other European countries where it is legal.
Abstract
A pregnant 14-year-old rape victim (X) wanted to travel to Britain with her parents to obtain an abortion, which is illegal in Ireland but legal in Britain. The Irish Attorney General argued that the constitutionally protected right to life of the unborn gives the Irish Supreme Court the power to "enjoin an individual from leaving the jurisdiction" for the purpose of having an abortion. X contended that the freedom to travel was guaranteed to all European Community (EC) citizens and one member state could not prohibit a woman from traveling to another member state to receive a service that was legal in the other State. The Irish Supreme Court permitted X to leave the country, but, by invoking public policy, reserved the power to protect the life of the unborn in the future through restrictions on the travel of pregnant women. This restrictive response by the court created a furor within the EC. The social and political pressure from other EC states compelled the Irish government to hold a national referendum. Over 70 percent of those eligible voted in the referendum on November 25, 1992, in which both the right to free information and the right of free travel won by approximately a two-to-one margin. Journalists and political analysts concluded that the vote showed a desire by Irish citizens to "become less Irish and more European when it comes to women's rights." 218 footnotes