A tale of two judges

The European Court of Human Rights is going to decide whether Ireland's restrictive law on abortion is unfair to women. Three anonymous women claim that Ireland's constitutional ban on abortion violated their human rights because it discriminates against women, and because it subjected them to inhuman and degrading treatment by forcing them to travel to obtain an abortion. The Irish judge on the court, which sits in Strasbourg, France, has withdrawn from the case. It may be that Dr Ann Power SC has done so because she represented the Irish Catholic bishops at a parliamentary hearing on abortion. It is quite understandable that a judge might be disqualified because of previous involvement as an advocate in a related case.

Meanwhile, the United Nations general assembly has unanimously approved the secretary general's nomination of Ms Navanethem Pillay of South Africa as the UN's new human rights commissioner. The United States began by resisting her appointment and, under President Bush, America has pursued some enlightened pro-life policies such as refusing to fund agencies involved in performing abortions overseas or to finance bodies, like the UNFPA, which are involved in forced abortion and forced sterilisation in China.

According to one source, Ms Pillay was interviewed in 1994 and spoke about how the South African constitution mentions unborn children's rights. She reportedly said: "I wondered why the right to life was stated so explicitly. It is going to open up huge debates on the right of the fetus and so on. … that is the one clause [the pro-life lobby] are going to latch on to for their cause ..."

It would appear that Ms Pillay has a view on the rights of the unborn and it's not a very sympathetic one. However, the United Nations' 1959 Declaration of the Rights of the Child says: "the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth." If Ms Pillay still has problems with unborn babies' rights, she's in no position to defend them – in accordance with a UN resolution – as human rights commissioner.

Child abandonment: legal analysis of pro-abortion agenda behind Council of Europe motion

As I blogged recently, the Parliamentary Assembly of the Council of Europe will debate tomorrow a draft resolution on the subject of child abandonment. The draft resolution contains a clear promotion of abortion. Please contact your country's representatives in the Assembly immediately - see my 20 June blog for more information. The UK members of the Assembly can all be emailed via one email address coepa.del@parliament.uk Simply send a separate, individually-addressed email for each UK member.

The European Center for Law and Justice (ECLJ) has published a comprehensive legal analysis of the pro-abortion agenda which has been inserted into the draft resolution. The ECLJ has condemned the draft resolution's:

"utilitarian calculus promoting abortion over life as a result of being born into inadequate social and financial circumstances. As social and financial circumstances are changeable and the termination of pregnancy irreparable, it is institutionally unacceptable for the Parliamentary Assembly to promote such a worldview with its underlying shadow of social eugenics."

Lisbon Treaty referendum and Ireland's abortion ban

The Sunday Business Post carries an interesting analysis of the critical role played by voters wanting to maintain Ireland's ban on abortion in the "no" verdict on the Lisbon Treaty Irish referendum on 12th June.

On the one hand Protocol 35 to the Lisbon Treaty clearly states: "Nothing in the Treaties, or in the Treaty establishing the European Atomic Energy Community, or in the Treaties or Acts modifying or supplementing those Treaties, shall affect the application in Ireland of Article 40.3.3. of the Constitution of Ireland."; however, on the other hand, the European Centre for Law and Justice has pointed out in a legal analysis, that this would not necessarily be enough to protect the Irish Constitution from a court decision establishing abortion as a human right. Ireland is one of only three countries within the EU that protects the unborn in this way. A "yes" vote for the Lisbon Treaty might well have brought that protection to an end.