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European Court Avoids Broad Expansion of Abortion Rights

December 20, 2010

In a decision announced on December 16, 2010, the European Court of Human Rights declined to broadly expand abortion rights in Europe. In the case, known as "ABC" because of three women who filed suit in the European Court of Human Rights alleging that the Irish constitution violated their right to abortion, the court ruled against the first two women, thus avoiding a Roe v. Wade-style expansion of abortion rights in Europe. On the other hand, the court ruled in favor of the third woman, who claimed that her fear of recurrence of cancer in the future entitled her to obtain an abortion. No doubt this aspect of the ruling will be used by proponents of abortion in the future as a precedent to encourage more women to seek abortion and to file additional court challenges. Still, a significant danger to the pro-life cause was avoided for the most part.