CCPR/C/116/D/2324/2013
1.
The author of the communication is Amanda Jane Mellet, an Irish citizen born on
28 March 1974. She claims to be a victim of violations by Ireland of her rights under
articles 2 (1), 3, 7, 17, 19 and 26 of the Covenant. The Optional Protocol entered into force
for Ireland on 8 March 1990. The author is represented by counsel.
The facts as submitted by the author
2.1
The author lives in Dublin with her husband. They have no children. She became
pregnant in 2011. On 11 and 14 November 2011, in the twenty-first week of her pregnancy,
she received scans at the Rotunda public hospital in Dublin. She was informed that her
fetus had congenital heart defects, but that even if the impairment proved fatal she could
not have a termination of her pregnancy in Ireland. The doctor at the hospital stated:
“terminations are not available in this jurisdiction. Some people in your situation may
choose to travel”. The doctor did not explain what “travel” involved, but only that it had to
be overseas. She did not recommend a suitable abortion provider in the United Kingdom of
Great Britain and Northern Ireland.
2.2
On 17 November 2011, after further examination at the same hospital the author was
informed that the fetus had trisomy 18 and would die in utero or shortly after birth. The
midwife indicated to her that she could carry to term knowing that the fetus would most
likely die inside her, or she could “travel”. The midwife did not explain what “travelling”
would entail and did not give her any further information, but advised her to contact an
Irish family planning organization for information and counselling. The author was not
referred by the hospital to a provider abroad that could terminate her pregnancy, since
health providers in Ireland are not permitted to make appointments for pregnancy
terminations overseas for their patients. On 18 November, the author informed the hospital
of her decision to travel abroad for a termination and made an appointment with a family
planning organization. The organization provided her with information about the procedure
and gave her the contact information of the Liverpool Women’s Hospital. They also faxed
her medical records to the hospital, which later contacted the author directly and gave her
an appointment for approximately 10 days later.
2.3
The laws of Ireland permit qualified medical professionals to provide aftercare when
a woman has miscarried. Before travelling to Liverpool, the author therefore returned to the
Irish hospital and visited her general practitioner. The purpose was to obtain scans that
would determine if the fetus had died, in which case her care would continue at the Irish
hospital. After detecting a heartbeat, the doctor tried to dissuade her from seeking an
abortion abroad and insisted that even if she were to continue her pregnancy, “your child
might not suffer”. The author indicates that her main reason for seeking an abortion was to
spare her child suffering.
2.4
On 28 November 2011, she flew with her husband to Liverpool and the following
day she received medication at the Women’s Hospital to begin the process of terminating
her pregnancy. On 1 December, she received further medication to induce labour. She was
in labour for 36 hours and on 2 December she delivered a stillborn baby girl. Still feeling
weak and bleeding, she had to travel back to Dublin, only 12 hours after the delivery, as
they could not afford to stay any longer in the United Kingdom.1 There is no financial
assistance from the State or from private health insurers for women who terminate
pregnancies abroad.
2.5
After her return to Dublin, the author did not receive any aftercare at the Rotunda
Hospital. She felt that she needed bereavement counselling to cope with the loss of her
1
2
The author states that they spent €3,000 in total, including the €2,000 fee they paid for the procedure.