Open Door and Dublin Well Woman v. Ireland

In a case referred to the Court by the European Commission of Human Rights, the applicants complained of an injunction imposed by the Irish courts to perpetually restrain them from providing certain information to pregnant women concerning abortion facilities outside Ireland. The majority of the Court found the injunction to be over-broad and disproportionate to the aims pursued. It noted that the applicants provided the counseling to pregnant women without advocating or encouraging abortion; and that information on abortion facilities abroad could be obtained from other sources in Ireland, such as magazines and telephone directories. The Court also noted that there was no definite link between the provision of information and the “destruction of unborn life” as contended by the respondent, given that some women who availed of the counseling services elected not to obtain an abortion. As such, the majority of the Court found that the restriction breached the applicants’ right of free expression under Article 10 of the European Convention on Human Rights. The continued relevance of this case is affected by subsequent events: first by the Regulation of Information (Services outside the State for the Termination of Pregnancies) Act 1995, which was superseded by the 2018 Health (Regulation of Termination of Pregnancy) Act, which allows abortion (i) during the first 12 weeks of pregnancy, (ii) when the fetus has a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 

1992

Avon Center work product