Mellet v Ireland

The complainant in this case was informed that her fetus was suffering from a fatal fetal abnormality and would die in utero. At the time, she was unable to terminate her pregnancy in Ireland, so she traveled to the UK to obtain an abortion there, returning after 12 hours because she could not afford to stay longer. After returning to Ireland, she had no access to aftercare or counseling. The complainant applied to the UN Human Rights Committee (“the Committee”), claiming that Ireland had violated her rights under Articles 2(1) (freedom from discrimination, including sex-based), 3 (gender equality), 7 (freedom from torture, cruel, inhuman, or degrading treatment), 17 (right to privacy), 19 (freedom of information, including health-related), and 26 (equal protection of the law) of the International Covenant on Civil and Political Rights (“ICCPR”). The Committee found that because of the unavailability of abortion and other care, Ireland had violated the complainant’s rights under the following ICCPR articles: Art. 7 by denying the complainant reproductive health care and bereavement support, forcing her to continue carrying a dying fetus, compelling her to travel abroad to terminate her pregnancy, and causing her to feel extremely vulnerable, stigmatized, and abandoned; Art. 17 by interfering arbitrarily in the complainant’s right to privacy by denying respect for her physical and psychological integrity and reproductive autonomy; and Art. 27 by discriminating against the complainant for obtaining an abortion because the Irish healthcare system provides bereavement counseling to pregnant women after stillbirth resulting from carrying a fetus with fatal impairments to term, but not to women who terminate such pregnancies. The Committee held that Ireland had to provide the complainant with an effective remedy, including adequate compensation, and had to amend domestic law on the voluntary termination of pregnancy to comply with the ICCPR. In 2018, Ireland enacted the Health (Regulation of Termination of Pregnancy) Act, which allows abortion (i) during the first 12 weeks of pregnancy, (ii) when the fetus has a condition that is likely fatal, or (iii) to protect the life or health of the woman.

Year 

2016

Avon Center work product