Hilary White, Rome Correspondent

Ireland’s pro-life laws violated woman’s rights: European court

Hilary White, Rome Correspondent
Hilary White, Rome Correspondent

STRASBOURG, December 16, 2010 (LifeSiteNews.com) – The European Court of Human Rights has found that Ireland’s constitutional legal protections for the unborn violated the right to privacy of one of the three applicants in a mixed decision in the much-anticipated ABC case. The Court ordered the Irish government to pay €15,000 to the third applicant within three months.

However, at the same time the Court dismissed the complaints of the other two women and found that there is “no human right to abortion” stemming from the European Convention on Human Rights, an aspect of the decision that has been welcomed by pro-life leaders.

The case was brought by one Lithuanian living in Ireland and two Irish nationals who sought abortions in the UK and who claimed that Ireland’s 1983 constitutional amendment outlawing abortion violated their rights.

The third woman was in remission from a rare form of cancer at the time she sought an abortion. She claimed that the pregnancy could lead to the cancer’s return. Irish law technically allows abortion when the mother’s life is in danger, but she alleged that “the chilling effect of the Irish legal framework,” had violated her right to be told of the “option” of abortion.

The Court has instructed the Irish government to issue guidance to allow doctors to inform women in what circumstances abortion is a legal option. It claimed that the Irish Constitution gives women a “right” to abortion under its protection of the equal right to life of the mother of an unborn child.

Bernadette Smyth of the Irish pro-life group Precious Life said that “we welcome” the decision that there is no “human right” to abortion under the European Convention. However, she continued, “the Court has misinterpreted the Irish Constitution in its ruling on the third woman.”

Liam Gibson, who works in Ireland for the Society for the Protection of Unborn Children and spoke to LifeSiteNews.com minutes after the decision was issued, agreed that the Court had “totally misunderstood” Irish law under which there is no such thing as a “right” to abortion. 

“The court is pretending there is a legal option for abortion,” Gibson said. “But abortion is not health care. Under Irish law, everyone has the right to adequate medical care to protect life, but this can never include direct abortion, the deliberate killing of an unborn child,” he said.

The ruling, he said, “has turned the pro-life amendment on its head and says it gives a right to abortion. But that’s a complete reversal of what the constitution says and the purpose of it.

“Recognising the equal right of the mother and the child does not give the mother a right to abortion.”

Pro-life interveners made lengthy submissions to the Court demonstrating that abortion is never included in any definition of health care in Ireland. “They should have thrown the case out completely,” Gibson said. “But the ideology of abortion runs right through the European Court of Human rights.”

John Smeaton, the head of SPUC in London warned that the decision will have far-reaching effects on the attempts in Europe to secure the right to life of all persons.

“This warped decision lacks all legitimacy,” Smeaton said. “This case was never about helping women faced with a crisis pregnancy. It was instigated by the international abortion lobby, which has with the ultimate aim of forcing governments across the globe to recognise access to abortion as a legal right.”

Gibson said that ECHR, due to its “pervasive” pro-abortion mentality, has assumed that abortion is invariably included in health care. He warned that the decision will be used as a pretext for weakening Irish law, saying there is a strongly pro-abortion mentality within Ireland’s political class. While it does not immediately overturn the law, the ECHR ruling will likely cause problems at the next general election, he said.

Abortion is prohibited not only by Ireland’s constitution, but under criminal law by section 58 of the Offences Against the Person Act 1861. According to the Civil Liability Act, “the law relating to wrongs shall apply to an unborn child for his protection in like manner as if the child were born, provided the child is subsequently born alive”.

Gibson said that a new government would likely try to bring in abortion through medical practice guidelines, binding on physicians, that would not be subject to a referendum.

Such guidelines have been repeatedly brought forward by pro-abortion activists in the British government in Northern Ireland, although they have been rejected as contrary to Northern Irish law that also prohibits abortion.

Gibson said, “The problem will be when an incoming government chooses to use this ruling to establish a wider access to abortion.”

“The attitude will certainly be favourable to the pro-abortion side,” in any new government. “They’ve only been too eager to try to put through some legislation or guideline that will not have to be brought to the people.”

Share this article

Featured Image
Dustin Siggins Dustin Siggins Follow Dustin

, ,

Clinton: US needs to help refugee rape victims… by funding their abortions

Dustin Siggins Dustin Siggins Follow Dustin
By Dustin Siggins

CLINTON, Iowa, November 25, 2015 (LifeSiteNews) – Leading Democratic presidential candidate Hillary Clinton said on Sunday that U.S. taxpayers should be on the hook for abortions for refugees impregnated through rape.

"I do think we have to take a look at this for conflict zones," Clinton said at an Iowa town hall, according to CNN. "And if the United States government, because of very strong feelings against it, maintains our prohibition, then we are going to have to work through non-profit groups and work with other counties to ... provide the support and medical care that a lot of these women need."

Clinton also said that "systematic use of rape as a tool of war and subjection is one that has been around from the beginning of history" but that it has become "even more used by a lot of the most vicious militias and insurgent groups and terrorist groups."

The prohibition referenced by Clinton – and named by the woman who asked Clinton about pregnant refugees – is known as the Helms Amendment. Made into law in 1973, it prevents U.S. foreign aid funds from being used for abortion.

Abortion supporters have urged the Obama administration to unilaterally change its interpretation of the amendment to allow exceptions for pregnancies resulting from rape and incest, and if the mother's life is in danger. They argue that because the law specifically states that "[n]o foreign assistance funds may be used to pay for the performance of abortion as a method of family planning," women who are raped should be excepted.

Click "like" if you are PRO-LIFE!

In August, 81 Democrats signed a letter to President Obama that urged this course of action. CNN reported that while Clinton didn't call for the Helms Amendment to be changed or re-interpreted, she did support other actions to increase women's access to abortion facilities.

If the United States "can't help them [to get an abortion], then we have to help them in every other way and to get other people to at least provide the options" to women raped in conflict, she said.

"They will be total outcasts if they have the child of a terrorist or the child of a militia member," according to Clinton. "Their families won't take them, their communities won't take them."

A study of women who bore their rape-conceived children during the Rwanda genocide found that "motherhood played a positive role for many women, often providing a reason to live again after the genocide."

Featured Image
Cardinal George Pell Patrick Craine / LifeSiteNews
Andrew Guernsey

, ,

Cardinal Pell bets against the odds: insists Pope Francis will strongly reaffirm Catholic tradition

Andrew Guernsey
By Andrew Guernsey


ROME, November 25, 2015 (LifeSiteNews) -- Contradicting the statements of some of the pope’s closest advisors, the Vatican’s financial chief Cardinal George Pell has declared that Pope Francis will re-assert and “clarify” longstanding Church teaching and discipline that prohibits Communion for the divorced and civilly remarried in public adultery without sacramental confession and amendment of life.

In a homily on Monday, Pell stressed the importance of fidelity to the pope, especially today as “we continue to look also to the successor of St. Peter as that guarantee of unity in doctrine and practice.”

Pell was offering Mass at the Basilica of San Clemente in Rome on the feast of Pope St. Clement I, notable in history for being one of the first popes to exert Roman papal primacy to correct the errors in the doctrine and abuses in discipline which other bishops were allowing.

Turning to address the issues at the Synod on the Family, Pell rebuked those who “wanted to say of the recent Synod, that the Church is confused and confusing in her teaching on the question of marriage,” and he insisted that the Church will always remain faithful to “Jesus’ own teaching about adultery and divorce” and “St. Paul’s teaching on the proper dispositions to receive communion.” Pell argues that the possibility of Communion for those in adultery is “not even mentioned in the Synod document.”

Pell asserted that Pope Francis is preparing “to clarify for the faithful what it means to follow the Lord…in His Church in our World.” He said, “We now await the Holy Father’s apostolic exhortation, which will express again the Church’s essential tradition and emphasize that the appeal to discernment and the internal forum can only be used to understand better God’s will as taught in the scriptures and by the magisterium and can never be used to disregard, distort or refute established Church teaching.”

STORY: Vatican Chief of Sacraments: No pope can change divine law on Communion

The final document of the synod talks about the “internal forum” in paragraphs 84-86, refers to private discussions between a parish priest and a member of the faithful, to educate and form their consciences and to determine the “possibility of fuller participation in the life of the Church,” based on their individual circumstances and Church teaching. The selective quoting of John Paul II’s Familiaris Consortio that omitted his statement ruling out the possibility of Communion for those in public adultery has given liberals hope that this “fuller participation” could include reception of Communion.

Pell’s prediction that the pope will side with the orthodox side of this controversy lends two explanations. On one reading, Pell is uncertain what the pope will do in his post-synodal exhortation, but he is using such firm language as a way of warning the pope that he must clearly uphold Church teaching and practice, or else he would risk falling into heresy at worst or grave negligence at best in upholding the unity of the Church.

On another reading, Pell may have inside information, even perhaps from the pope himself, that he will uphold Church teaching and practice on Communion for those in public adultery, that the pope’s regular confidants apparently do not have.

This hypothesis, however, is problematic in that just last week, Pope Francis suggested that Lutherans may “go forward” to receive Holy Communion, contrary to canon law, if they come to a decision on their own, which suggests agreement with the reformers’ line of argument about “conscience.” And earlier last month, the pope granted an interview to his friend Eugenio Scalfari, who quoted the pope as promising to allow those in adultery back to Communion without amendment of life, even though the Vatican refused to confirm the authenticity of the quote since Scalfari does not use notes.

If Pell actually knew for certain what the pope would do, it would also seem to put Pell’s knowledge above that of Cardinal Robert Sarah, who in what could be a warning to Pope Francis, declared last week in no uncertain terms that “Not even a pope can dispense from such a divine law” as the prohibition of public adulterers from Holy Communion.

STORY: Papal confidant signals Pope Francis will allow Communion for the ‘remarried’

Several members of the pope’s inner circle have said publicly that the controversial paragraphs 84-86 of the Synod final document have opened the door for the Holy Father to allow Communion in these cases if he so decides. Fr. Antonio Spadaro, SJ, a close friend of Pope Francis and the editor of La Civita Catholica, a prominent Jesuit journal in Rome reviewed by the Vatican Secretariat of State, wrote this week that the internal forum solution for the divorced in adultery is a viable one:

The Ordinary Synod has thus laid the bases for access to the sacraments [for the divorced and civilly remarried], opening a door that had remained closed in the preceding Synod. It was not even possible, one year ago, to find a clear majority with reference to the debate on this topic, but that is what happened in 2015. We are therefore entitled to speak of a new step.

Spadaro’s predictions and interpretation of the Synod are consistent with the public statements of liberal prelates, some of whom are close confidantes to Pope Francis, including Cardinal Schönborn, Cardinal Wuerl, Cardinal Kasper, Cardinal Nichols, and the head of the Jesuit order, Fr. Nicolás. Fr. Nicolás, in particular, first confirmed that there would be an apostolic exhortation of the pope, and said of Communion for those in public adultery:

The Pope’s recommendation is not to make theories, such as not lumping the divorced and remarried together, because priests have to make a judgment on a case by case and see the situation, the circumstances, what happens, and depending on this decision one thing or the other. There are no general theories which translate into an iron discipline required at all. The fruit of discernment means that you study each case and try to find merciful ways out.

Although in the best analysis, Pell’s prediction about what Pope Francis may do in his post-synodal apostolic exhortation remains just that-- a prediction—he is drawing a line in the sand that if the pope chooses to cross, would bring the barque of Peter into uncharted waters, where the danger of shipwreck is a very real threat.


Featured Image
Lianne Laurence


Jennifer Lawrence just smeared traditional Christians in the worst way

Lianne Laurence
By Lianne Laurence

November 25, 2015 (LifeSiteNews) – It’s no surprise that yet another Hollywood star is mouthing the usual liberal platitudes, but the fact that this time around it’s Jennifer Lawrence, a mega-star and lead in blockbuster series Hunger Games, brings a particular sting of disappointment.

That’s because the 25-year-old, effervescent and immensely talented star often comes across not only as very likable, but also as someone capable of independent thought.

But apparently not.

Or at least not when it comes to Kim Davis, the Kentucky clerk famously thrown in jail for refusing to obey a judge’s order that she sign marriage licenses for homosexual couples.

Davis, Lawrence tells Vogue in its November issue, is that “lady who makes me embarrassed to be from Kentucky.”

“Don’t even say her name in this house,” the actress told Vogue writer Jonathan van Meter in an interview that happened to take place the day after Davis was released from her five-day stint in jail.

Lawrence then went on a “rant” about “all those people holding their crucifixes, which may as well be pitchforks, thinking they’re fighting the good fight.”

RELATED STORY: Wrong, Jennifer Lawrence! Real men don’t need porn, and women don’t need to give it to them

She was brought up Republican, she told van Meter, “but I just can’t imagine supporting a party that doesn’t support women’s basic rights. It’s 2015 and gay people can get married and we think that we’ve come so far, so, yay! But have we? I don’t want to stay quiet about that stuff.”

After conjuring up images of Christians as bug-eyed hillbillies on a witchhunt with her reference to “crucifixes as pitchforks,” Lawrence added darkly: “I grew up in Kentucky. I know how they are.”

Perhaps one should infer that it’s lucky for Lawrence she escaped to Los Angeles and its enlightened culture. That hallowed place where, according to van Meter, Kris Jenner (former spouse of Bruce Jenner, who infamously declared himself a woman) brought Lawrence a cake for her birthday that was shaped like excrement and inscribed: “Happy birthday, you piece of sh*t!”

Lawrence is reportedly now Hollywood’s most highly paid actress. Not only is she the star of the hugely popular and lucrative Hunger Games franchise -- the last installment of which, Mockingjay, Part 2 opened November 20 -- but she won an Oscar for Silver Linings Playbook and starred in several others since her breakout role in the 2010 moving and moody indie film, Winter’s Bone.

Lawrence has every right to express her opinion, although no doubt it will be given more weight than it deserves. It is unfortunate, however, that she’s chosen to wield her fame, shall we say, as a pitchfork against Christian moral truths.



Customize your experience.

Login with Facebook