D v Ireland is a case of the European Court of Human Rights concerning abortion in Ireland. It refers to the court case itself, and the circumstances surrounding abortion for fatal foetal abnormalities in Ireland. In 2002 Deirdre Conroy discovered her pregnancy was non-viable and had a termination in Northern Ireland. A public letter, written using a pseudonym, asking for it to be legal was credited with influencing the 2002 abortion referendum. She lost a court case in the ECHR in 2006 because she had not exhausted all domestic remedies. In 2013 after the death of Savita Halappanavar, she came forward, revealed her identity and again asked for this sort of termination to be legal.
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| - D v Ireland is a case of the European Court of Human Rights concerning abortion in Ireland. It refers to the court case itself, and the circumstances surrounding abortion for fatal foetal abnormalities in Ireland. In 2002 Deirdre Conroy discovered her pregnancy was non-viable and had a termination in Northern Ireland. A public letter, written using a pseudonym, asking for it to be legal was credited with influencing the 2002 abortion referendum. She lost a court case in the ECHR in 2006 because she had not exhausted all domestic remedies. In 2013 after the death of Savita Halappanavar, she came forward, revealed her identity and again asked for this sort of termination to be legal. (en)
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| - Obligation to respect human rights, Prohibition of torture, Right to respect for private and family life, Freedom of expression -{General}, Right to an effective remedy, Prohibition of discrimination (en)
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| - More centrally, it was an open question as to whether Article 40.3.3 could have allowed a lawful abortion in Ireland in the applicant's circumstances. The X case demonstrated the potential for judicial development in this area and, further, the X case did not exclude possible evolution in cases such as the applicant's: the foetus was viable in the X case whereas in the present case there might be an issue as to the extent to which the State was required to guarantee the right to life of a foetus which suffered from a lethal genetic abnormality. The meaning of "unborn" in Article 40.3.3 had attracted some public and academic comment . However, there had been little judicial examination of the meaning of "unborn" and certainly no case comparable to the present. Accordingly, although it was true that Article 40.3.3 had to be understood as excluding a liberal abortion regime, the courts were nonetheless unlikely to interpret the provision with remorseless logic particularly when the facts were exceptional. If therefore it had been established that there was no realistic prospect of the foetus being born alive, then there was "at least a tenable" argument which would be seriously considered by the domestic courts to the effect that the foetus was not an "unborn" for the purposes of Article 40.3.3 or that, even if it was an "unborn", its right to life was not actually engaged as it had no prospect of life outside the womb. In the absence of a domestic decision, it was impossible to foresee that Article 40.3.3 clearly excluded an abortion in the applicant's situation in Ireland. (en)
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| - D v Ireland is a case of the European Court of Human Rights concerning abortion in Ireland. It refers to the court case itself, and the circumstances surrounding abortion for fatal foetal abnormalities in Ireland. In 2002 Deirdre Conroy discovered her pregnancy was non-viable and had a termination in Northern Ireland. A public letter, written using a pseudonym, asking for it to be legal was credited with influencing the 2002 abortion referendum. She lost a court case in the ECHR in 2006 because she had not exhausted all domestic remedies. In 2013 after the death of Savita Halappanavar, she came forward, revealed her identity and again asked for this sort of termination to be legal. (en)
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| - ECLI:CE:ECHR:2006:0627DEC002649902 (en)
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| - Giovanni Bonello (en)
- Ljiljana Mijović (en)
- Javier Borrego Borrego (en)
- John Hedigan (en)
- Kristaq Traja (en)
- Matti Pellonpää Matti Pellonpää (en)
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