Making Travel Arrangements Research Articles

In October 1992 the European Court of Human Rights decided that the Government of Ireland violated article 10 of the European Convention on Human Rights when it restrained 2 centers from providing nondirective counseling on abortion services outside of the country. Article 10 ensures peoples right to pass on and receive information. The Irish Society for Protection of Unborn Children insisted that the Irish Attorney General prosecute the centers. In March 1988 the Irish Supreme Court had banned the 2 centers from mentioning abortion services or helping pregnant women to make travel arrangements in perpetuity because they denied the unborn its constitutional right to life as guaranteed by Article 40.3.3. The European Court recognized that deep moral values protected under Irish law the right to life of the unborn but found the restriction to be overbroad and disproportionate. Further it pointed out that women already had access to the information that the injunction of the Irish Court wanted to restrict via magazines telephone directories or personal contacts and these sources do not present this information in a manner conducive to protecting womens health. On the other hand at counseling centers women are supervised by qualified health personnel. The European court went on to point out that the injunction had actually put womens health at risk especially those seeking abortion at later stages in their pregnancy. The Irish Government did not contest this fact. The European Court noted that the Irish injunction most likely affected insufficiently resourceful women or those with minimum education since they did not know about alternative sources of information. It directed the Irish Government to pay the costs and expenses incurred by the applicants of this appeal.

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