Friday, July 15, 2011

Cloyne report: Church failed to report all abuse cases


13 July 2011 Last updated at 22:40 GMT
http://www.bbc.co.uk/news/uk-northern-ireland-14136923


Cloyne report: Church failed to report all abuse cases

Abuse victim: "I feel as if I have been touched by the devil

Related Stories

A Catholic diocese in County Cork failed to report all complaints of abuse to police, a report has said.

The Commission of Investigation into the Diocese of Cloyne investigated how allegations against 19 priests were dealt with between 1996 and 2009.

Its report, published on Wednesday, found Bishop John Magee falsely told the Irish government he was reporting all abuse allegations to authorities.

The Catholic Church and Bishop Magee have apologised.

The leader of Ireland's Catholics, Cardinal Sean Brady, said it was another "dark day in the history of the response of church leaders to the cry of children abused by church personnel".

"The findings of this report confirm that grave errors of judgement were made and serious failures of leadership occurred," he said.

"This is deplorable and totally unacceptable."

In a statement, Bishop Magee said he apologised to those affected for his "failure to ensure that they were fully supported and responded to in their time of need".

In one case described in the report, the diocese's second-in-command, Monsignor Denis O'Callaghan, was said to have withheld the identity of a perpetrator from the authorities and attempted to have an Irish police officer investigate the case.

'Inadequate'

The police officer was found to have correctly disregarded the request.

Monsignor O'Callaghan said he was sorry that in responding to allegations of abuse he had sometimes become "emotionally and pastorally drawn to the plight of the accused priest".

He said this was "to the detriment of the pastoral response I intended to make to complainants".

Bishop Magee was one of the 19 priests identified by the commission.

The Cloyne report, which runs to 400 pages, said there were concerns about Bishop Magee's interaction with a 17-year-old boy.

"The commission regrets that it has not been possible to report the case involving concerns about Bishop Magee without identifying him," the report said.

"Concerns were expressed about his interaction with a 17-year-old boy."

It said the teenager, who had been contemplating joining the priesthood, was concerned that "the behaviour of the bishop towards him, which had not perturbed him at the time, was, on reflection, disquieting".

However, the report said it was satisfied that this case had been dealt with appropriately.


The Newry-born Bishop Magee stepped aside in 2009 after an earlier report criticised his handling of abuse allegations.

The latest report, which was published by Justice Minister Alan Shatter and Children's Minister Frances Fitzgerald, said the response of the diocese to allegations of child sexual abuse for the period of 1996 to 2008 was "inadequate and inappropriate".

It said it was a "remarkable fact" that Bishop Magee had taken "little or no active interest" in the management of clerical sexual abuse cases until 2008. This was 12 years after the procedures on how to deal with such matters were implemented by the church.

It added that Bishop Magee had to "a certain extent, detached himself from the day to day management of child sexual abuse cases".

"Bishop Magee was head of the diocese and cannot avoid his responsibility by blaming subordinates whom he wholly failed to supervise," the report said.

In his statement, Bishop Magee said he now realised he should have taken "a much firmer role" in ensuring the implementation of the church procedures published in 1996.

"I accept in its entirety the commission's view that the primary responsibility for the failure to fully implement the church procedures in the diocese lay with me," he added.

Complaints

The commission said it was aware of some 40 people who may have been affected by clerical abuse in the diocese.

All but two complaints came from people who were adults at the time the complaint was made.

The report said between 1995 and 2005 there were 15 complaints against clergy in the diocese which should have been reported.

The most serious lapse was the failure to report two cases in which the alleged victims were minors at the time the complaint was made.

It also said there was no communication with a neighbouring diocese when a priest who had retired because of complaints went to live there.

However, there was no case in which the diocese moved priests against whom allegations had been made.

A number of priests whom allegations were made against were "retired".

The Irish justice minister said on Wednesday that he intended to introduce a new criminal offence with up to five years in prison for anyone who does not declare information about the abuse of a child.

He said in future, priests would not be excused for withholding information about alleged child abuse even if it was given to them during confession.

The inquiry was set up by the Irish government in January 2009 following a report published the previous month.

It was conducted by the National Board for Safeguarding Children (NBSC) - a body set up by the Catholic Church to oversee child protection policies.

It found child protection practices in the diocese were "inadequate and in some respects dangerous".



Irish President Mary McAleese on Cloyne report

"Clearly, an immediate priority today must be the abused victims, ensuring that they receive all necessary support and reassurance in the wake of the publication of this distressing and damning report.

"It is a matter of grave concern that the report's findings show that, up to 2008, the Cloyne Diocese failed in large measure to comply with the Catholic Church's own 1996 guidelines on clerical child sex abuse.

"Had these guidelines been fully honoured and rigorously adhered to (as the public had been led to believe they would), this report would never have been necessary and children need not have been rendered so vulnerable.

"The leadership of the Catholic Church needs to urgently reflect on how, by coherent and effective action, it can restore public trust and confidence in its stated objective of putting children first."

Philippine bishops to return donated SUVs

13 July 2011 Last updated at 15:51 GMT

Philippine bishops to return donated SUVs
Protesters outside the senate hearing in ManilaProtesters dressed as bishops in SUVs stood outside the Senate during the hearing

Roman Catholic bishops in the Philippines are to return sport utility vehicles (SUVs) received as gifts from government funds, an inquiry has heard.

Senators are investigating claims that illegal gifts bought with state lottery money were given to the bishops by the last government to win their support.

The bishops acknowledge accepting the cars but say they did so only to help poor people in remote communities.

More than 80% of Filipinos are Catholic and the clergy are highly influential.

At the Senate inquiry in Manila on Wednesday, bishops turned over four SUVs and said others were in the process of being returned.

The bishops apologised for any pain caused to their followers or the Church, but insisted the donations were only to help them reach isolated communities.

'Sincere sadness'

"Even if it is not unlawful and even if it is not unconstitutional, we believe that it is important for us to clear everything in the air and return the vehicles," Archbishop Orlando Quevedo of the southern Cotabato diocese told the inquiry.

He expressed "sincere sadness" on behalf of the Church that many Catholics were "confused, disturbed and even scandalised".

The head of the Philippine state lottery, Margie Juico, earlier told the hearing that seven bishops received gifts during former President Gloria Arroyo's term in office.

Critics have accused Mrs Arroyo of using donations to try to secure the bishops' support. She stepped down last year after nine years in power.

Mrs Juico said an audit had showed that at least 6.9m pesos ($158,600; £98,300) in charity funds were used to buy vehicles at the request of several bishops.

Bishop Juan de Dios Pueblos, of southern Butuan city, admitted that he wrote to Mrs Arroyo to ask for a sport utility vehicle costing 1.7m pesos for his 66th birthday but said it was to help him reach remote areas on Mindanao Island.

He acknowledged that the move "was a lapse in judgment on my part" that has "cast a shadow of uncertainty on my dignity as a bishop and my moral ascendancy as a leader of the Catholic Church."

During the hearing, dozens of protesters held placards outside the Senate, some wearing bishops' frocks and cardboard replicas of SUVs around their waists.

"I need my SUV to reach moral high ground," one placard read.

Sunday, May 29, 2011

Spain investigates tragedy of 'stolen' newborn babies

http://www.bbc.co.uk/news/world-europe-12886441


Spain investigates tragedy of 'stolen' newborn babies

Antonio Barroso at the office of Anadir, an association set-up to support suspected victims of alleged baby trade Antonio Barroso has been told he was bought at birth

Antonio Barroso always suspected that something in his family wasn't quite right. He was 38 when the secret was finally revealed: his parents had bought him as a baby.

"I discovered my whole life was a lie," Antonio said.

The truth came out during the deathbed confession of a family friend. Like Antonio's parents, he and his wife had been unable to conceive. Both couples had bought their babies from a nun, for "more than the price of a flat".

Antonio's mother has since confirmed the story and DNA tests have proved he has no genetic link to the couple who raised him. His birth certificate had been falsified.

'Illicit trade'

"I want to know the truth," Antonio said, flicking through snapshots of his childhood, "To find out who I am and where I come from. I want to know what happened and who was responsible. And if people need to be punished, they should be punished".

Antonio soon discovered other cases similar to his own, and signs of an illicit trade in newborn babies.

At the support group he set up in Vilanova i la Geltru, his home town on the Catalan coast, the phone rarely stops ringing. The desk is piled high with letters from Spaniards who fear they could be victims of a criminal network, thought to have operated until the 1990s.

Start Quote

We were starting to make a family and they destroyed that completely. I have to meet my daughter. I want to tell her, girl, I'm your Dad”

End Quote Salvador Martin Father, who believes his daughter was stolen from him

For some, that suspicion is strengthened by Spain's history. After the civil war, children were removed from Republican prisoners and given to supporters of General Franco's dictatorship. Historians estimate up to 30,000 children were affected by the 'ideological cleansing'.

'Baby-theft'

"In the 1950s, that practice was converted into mafia business," said Enrique Vila, a lawyer helping Antonio's support group, Anadir. "The goal became money. They took children from anyone, to sell."

The lawyer believes some babies were abandoned by unmarried Catholic girls or prostitutes and others were stolen after doctors told mothers that their newborns had died.

Ana Josefa Escabia died several hours after giving birth in Terrassa in 1975. Her husband clearly remembers seeing his daughter alive.

"I saw her born," Salvador Martin said, his eyes welling with tears, 36 years later. "She was gorgeous, just like her sister."

But doctors later told Salvador his baby had been stillborn. A sealed coffin was delivered to the cemetery.

Salvador Martin and wife Ana Josefa, in 1970s, just before she became pregnant Ana Josefa Escabia and her husband were told that their baby was stillborn

Last December, tormented by doubts, Salvador decided to open the family vault. DNA tests revealed the baby inside was a boy, and no relation.

Salvador is now desperate to know what happened to his daughter. No other baby was buried in Terrassa on that day. He is convinced his child was stolen.

DNA database

"It's not like a bag of oranges that you sell. It's a child," he said, holding a picture of Ana shortly before she became pregnant. "We were starting to make a family and they destroyed that completely. I have to meet my daughter. I want to tell her, girl, I'm your Dad".

Dolores Diaz Cerpa, one of many mothers who is searching for a child she believes was stolen Dolores Diaz Cerpa believes her son was stolen from her

That longing to be reunited has led Anadir to create a DNA database. When a scientist recently visited Seville to take swabs, the small hall was packed with people convinced that their children had been stolen.

Among those queuing nervously was 72-year-old Dolores Diaz Cerpa. She gave birth in 1973 and says when she awoke from surgery she saw 2 cots. A nurse said she'd had twins. But the boy was then removed and when Dolores woke up again she was told she'd had a girl.

"I always believed I'd had two children and they took one off me," Dolores said. "I would dream of him and wake up wondering how he was."

That conviction was compounded in 1995 when she requested her medical records and was sent papers for a baby boy. Dolores is entering her DNA in the database in the hope that the child she's so sure she gave birth to is alive.

"If he knows he's adopted, I just want him to know I didn't abandon him. He was stolen," she says, echoing the view of many mothers here.

Anadir has more than 800 members now. Other groups have more. Most are women who never saw their babies' bodies, never believed they had died and can find no record of their burials at cemeteries.

One of many Spanish courts now investigating allegations of a baby trafficking network Antonio Barroso has been asked to make a statement in court

It is possible many of the children are really dead, that there are simply mistakes in the paperwork, or that mothers are confused, still raw from their loss.

Court summons

But signs of a more sinister story are mounting.

A former nurse has claimed she witnessed baby-thefts in Madrid. A cemetery worker in Granada told the BBC he had handled child coffins that were suspiciously light, and now Anadir says a woman who was told her child had died has just been reunited with her daughter in Barcelona. The family have not spoken publicly.

Spain's courts are certainly taking the claims seriously.

Anadir delivered details of 261 cases of suspected baby-theft to the state prosecutor in January. Regional prosecutors have been ordered to investigate. Across Spain hundreds of people are now being summoned to make statements. New cases are being reported all the time.

After years of fighting to get the courts to listen, Antonio Barroso has also been called to see the prosecutor. For him this is not only about trying to expose a criminal practice. It is about discovering who he really is.

Saturday, April 2, 2011

Spanish call to probe Franco-era 'baby thefts'

Spanish call to probe Franco-era 'baby thefts'

Members of Anadir at a news conference in Getafe 27 Jan 2011
Members of Anadir attended a news conference in Getafe, near Madrid

More than 260 alleged victims of a baby-trafficking network in Spain begun under the dictator General Francisco Franco have started legal action demanding an investigation.

A victim-support group, called Anadir, estimates that thousands of babies were stolen over decades.

Many were taken away from parents with left-wing sympathies and given to other families.

But the group says some babies were stolen after Franco's death in 1975.

Enrique Vila, lawyer for the victims' group bringing the case, describes a mafia of doctors and intermediaries he claims was trading children for cash.

The practice of forcibly removing children from their mothers began in the immediate aftermath of the Civil War.

The victims then were largely Republican supporters - including prisoners - whose children were handed to more "ideologically suitable" families.

"This structure, these methods allowed people to see the potential for a business," said Mr Vila.

"It all started for political reasons, but in the end it could be any child at all that was targeted."


Enrique Vila

Just imagine how many there could be in the whole of Spain - this has to be a gigantic investigation” Enrique Vila Lawyer representing Anadir

Anadir was founded by Antonio Barroso, after the man he always believed was his father made a death-bed confession.

He admitted he had bought his son, paying "more than the price of a flat" to doctors, in cash.

DNA tests later proved that Antonio and his parents were not biologically related.

"We want the prosecutor to open a national investigation," Mr Barroso said outside the general prosecutor's office.

He was accompanied by a crowd of Anadir members in white T-shirts declaring themselves "the victims of baby-trafficking" and demanding justice.

"There are cases of mothers who had their babies' graves opened and found them empty when they had been taking flowers there for 30 years. Mothers who were deliberately tricked. Then there are people like me, whose birth certificates were faked," Mr Barroso said.

He tried to get a local court to look into his case, but failed. He then founded Anadir as a campaign group and has been amazed at the scale of the response.

Anadir members in Spain
An Anadir banner declares: "We have the right to know our biological family"

Alberto and his mother Solidad Hernandez are both members.

Solidad gave birth to twins in the 1980s and was told one had died. But as many mothers now recount, she never saw the body. Alberto says the official paperwork does not match up.

"One set of papers says my brother was buried, others say he was cremated. One says he died of respiratory problems, another that he was malnourished," Alberto says.

The inconsistencies feed his suspicions and give him hope his twin is still alive.

"All my life I've thought there was someone out there. People always see me in places I have not been. This case could bring all that to a close," he says.

Lawyer Enrique Vila admits that not all the suspicious deaths are clear-cut thefts.

"Some mothers may be clinging to that chance, as a means of hope," he says.

"We don't know, we have to investigate. We need to check all the records, and if necessary order exhumations, to see if there is an empty grave."

But he claims a funeral parlour worker recently admitted transporting 20 empty coffins in the past.

"That is just one man," Mr Vila says.

"Just imagine how many there could be in the whole of Spain. This has to be a gigantic investigation."

'stolen' newborn babies

Spain investigates tragedy of 'stolen' newborn babies

Antonio Barroso at the office of Anadir, an association set-up to support suspected victims of alleged baby trade Antonio Barroso has been told he was bought at birth

Related Stories

Antonio Barroso always suspected that something in his family wasn't quite right. He was 38 when the secret was finally revealed: his parents had bought him as a baby.

"I discovered my whole life was a lie," Antonio said.

The truth came out during the deathbed confession of a family friend. Like Antonio's parents, he and his wife had been unable to conceive. Both couples had bought their babies from a nun, for "more than the price of a flat".

Antonio's mother has since confirmed the story and DNA tests have proved he has no genetic link to the couple who raised him. His birth certificate had been falsified.

'Illicit trade'

"I want to know the truth," Antonio said, flicking through snapshots of his childhood, "To find out who I am and where I come from. I want to know what happened and who was responsible. And if people need to be punished, they should be punished".

Antonio soon discovered other cases similar to his own, and signs of an illicit trade in newborn babies.

At the support group he set up in Vilanova i la Geltru, his home town on the Catalan coast, the phone rarely stops ringing. The desk is piled high with letters from Spaniards who fear they could be victims of a criminal network, thought to have operated until the 1990s.

Start Quote

We were starting to make a family and they destroyed that completely. I have to meet my daughter. I want to tell her, girl, I'm your Dad”

End Quote Salvador Martin Father, who believes his daughter was stolen from him

For some, that suspicion is strengthened by Spain's history. After the civil war, children were removed from Republican prisoners and given to supporters of General Franco's dictatorship. Historians estimate up to 30,000 children were affected by the 'ideological cleansing'.

'Baby-theft'

"In the 1950s, that practice was converted into mafia business," said Enrique Vila, a lawyer helping Antonio's support group, Anadir. "The goal became money. They took children from anyone, to sell."

The lawyer believes some babies were abandoned by unmarried Catholic girls or prostitutes and others were stolen after doctors told mothers that their newborns had died.

Ana Josefa Escabia died several hours after giving birth in Terrassa in 1975. Her husband clearly remembers seeing his daughter alive.

"I saw her born," Salvador Martin said, his eyes welling with tears, 36 years later. "She was gorgeous, just like her sister."

But doctors later told Salvador his baby had been stillborn. A sealed coffin was delivered to the cemetery.

Salvador Martin and wife Ana Josefa, in 1970s, just before she became pregnant Ana Josefa Escabia and her husband were told that their baby was stillborn

Last December, tormented by doubts, Salvador decided to open the family vault. DNA tests revealed the baby inside was a boy, and no relation.

Salvador is now desperate to know what happened to his daughter. No other baby was buried in Terrassa on that day. He is convinced his child was stolen.

DNA database

"It's not like a bag of oranges that you sell. It's a child," he said, holding a picture of Ana shortly before she became pregnant. "We were starting to make a family and they destroyed that completely. I have to meet my daughter. I want to tell her, girl, I'm your Dad".

Dolores Diaz Cerpa, one of many mothers who is searching for a child she believes was stolen Dolores Diaz Cerpa believes her son was stolen from her

That longing to be reunited has led Anadir to create a DNA database. When a scientist recently visited Seville to take swabs, the small hall was packed with people convinced that their children had been stolen.

Among those queuing nervously was 72-year-old Dolores Diaz Cerpa. She gave birth in 1973 and says when she awoke from surgery she saw 2 cots. A nurse said she'd had twins. But the boy was then removed and when Dolores woke up again she was told she'd had a girl.

"I always believed I'd had two children and they took one off me," Dolores said. "I would dream of him and wake up wondering how he was."

That conviction was compounded in 1995 when she requested her medical records and was sent papers for a baby boy. Dolores is entering her DNA in the database in the hope that the child she's so sure she gave birth to is alive.

"If he knows he's adopted, I just want him to know I didn't abandon him. He was stolen," she says, echoing the view of many mothers here.

Anadir has more than 800 members now. Other groups have more. Most are women who never saw their babies' bodies, never believed they had died and can find no record of their burials at cemeteries.

One of many Spanish courts now investigating allegations of a baby trafficking network Antonio Barroso has been asked to make a statement in court

It is possible many of the children are really dead, that there are simply mistakes in the paperwork, or that mothers are confused, still raw from their loss.

Court summons

But signs of a more sinister story are mounting.

A former nurse has claimed she witnessed baby-thefts in Madrid. A cemetery worker in Granada told the BBC he had handled child coffins that were suspiciously light, and now Anadir says a woman who was told her child had died has just been reunited with her daughter in Barcelona. The family have not spoken publicly.

Spain's courts are certainly taking the claims seriously.

Anadir delivered details of 261 cases of suspected baby-theft to the state prosecutor in January. Regional prosecutors have been ordered to investigate. Across Spain hundreds of people are now being summoned to make statements. New cases are being reported all the time.

After years of fighting to get the courts to listen, Antonio Barroso has also been called to see the prosecutor. For him this is not only about trying to expose a criminal practice. It is about discovering who he really is.

Sunday, January 23, 2011

Vatican letter told Ireland's Catholic bishops not to report child abuse


http://www.guardian.co.uk/world/2011/jan/18/vatican-irish-bishops-child-abuse


Vatican letter told Ireland's Catholic bishops not to report child abuse

Policy to tell police about priest suspects was vetoed, as lawyers say proof at last of cover-up by papacy

Associated Press in Dublin

guardian.co.uk,

A copy of the 1997 letter from the Vatican warning Irish bishops not to report child-abuse cases


A copy of the 1997 letter from the Vatican, obtained by Irish broadcasters RTE and provided to AP, warning Ireland's Catholic bishops not to report all suspected child-abuse cases to police.

A letter to Ireland's Roman Catholic bishops has been revealed by the broadcaster RTE that contradicts the Vatican's frequent claim it has never instructed clergy to withhold evidence or suspicion of child abuse from police.

The 1997 letter documents rejection of a 1996 Irish church initiative to help police identify paedophile priests. Signed by the late Archbishop Luciano Storero, Pope John Paul II's envoy to Ireland, it instructs bishops that their new policy of making the reporting of suspected crimes mandatory "gives rise to serious reservations of both a moral and canonical nature".

Storero wrote that canon law, whereby allegations and punishments are handled within the church, "must be meticulously followed"; any bishop who tried to go outside canon law would face the "highly embarrassing" position of being overturned on appeal in Rome.

A 2009 Irish state report found this actually happened with Tony Walsh, one of Dublin's most notorious paedophiles, who exploited his role as an Elvis impersonator in a popular "All Priests Show" to get closer to children. In 1993, Walsh was defrocked by a secret church court, but successfully appealed to a Vatican court, and was reinstated in the priesthood in 1994. He raped a boy in a pub restroom that year. Walsh since has received a series of prison sentences, with a 12-year term imposed last month. Investigators estimate he raped or molested more than 100 children.

Catholic officials in Ireland and the Vatican declined requests from the Associated Press to comment on the letter, marked "strictly confidential"; RTE said it had been given it by an Irish bishop.

"The letter is of huge international significance," said Colm O'Gorman, director of the Irish section of Amnesty International. "It shows that the Vatican's intention is to prevent reporting of abuse to criminal authorities. And if that instruction applied here [in Ireland], it applied everywhere."

Joelle Casteix, a director of the US advocacy group Survivors Network of Those Abused by Priests, described it as "the smoking gun we've been looking for." It was certain to be cited by lawyers acting for victims seeking to pin responsibility directly on Rome, not the dioceses.

To this day, the Vatican has not endorsed any of the Irish church's three documents since 1996 on safeguarding children. Irish taxpayers, rather than the church, have paid most of the €1.5bn to more than 14,000 abuse claimants dating back to the 1940s.

In a 2010 letter to Ireland condemning paedophiles in the ranks, Pope Benedict XVI faulted bishops for not following canon law and offered no explicit endorsement of child-protection efforts by the Irish church or state. He was widely criticised in Ireland.

O'Gorman (who was raped repeatedly by a priest in the 1980s when an altar boy) said evidence is mounting that some Irish bishops continued to follow the 1997 Vatican instructions. A state investigation of Cloyne diocese is to come out soon, citing crimes concealed as recently as 2008.

Wednesday, January 12, 2011

Irish abortion ban 'violated woman's rights'

Irish abortion ban 'violated woman's rights'

European Court of Human RightsThe court's ruling could lead to a change in Irish abortion laws

Related stories

The European Court of Human Rights has ruled that Irish abortion laws violated the rights of one of three women who sought terminations in Britain.

The woman, who was in remission for a rare form of cancer, feared it might return as a result of her pregnancy.

While abortion in the Republic is technically allowed if a woman's life is at risk, the court said that was not made possible for the woman involved.

But it ruled two other women in the case had not had their rights breached.

The court said the Irish government had failed to properly implement the constitutional right to abortion if a woman's life was in danger.

Correspondents say the ruling is likely to force the Dublin government to introduce new legislation or bring in new guidelines.

Irish Prime Minister Brian Cowen said politicians now needed to consider the implications of the ruling.

"It's an issue for the whole political spectrum to consider," he said.

Respect for private life

The first two women in the case were a single mother who had other children in care and a woman who did not want to become a single parent.


All three women said they had suffered medical complications on returning to the Irish Republic and said they believed they had not been entitled to an abortion under Irish law.

They all complained that Irish restrictions on abortion had stigmatised and humiliated them, risking damage to their health.

However the third woman had argued that even though she believed her pregnancy had put her life at risk, there was no law or procedure for her to have her right to an abortion established.

The court said that the government in Dublin had breached the third woman's right to respect for her private life by its "failure to implement the existing constitutional right to a lawful abortion in Ireland".

It ruled that "neither the medical consultation nor litigation options, relied on by the Irish government, constituted effective and accessible procedures which allowed the third applicant to establish her right to a lawful abortion in Ireland".

The court said that the only non-judicial way of determining the risk to a woman's life - on which the government relied - was an ordinary medical consultation between the woman and her doctor. It described this as "ineffective".

It said that women and their doctors both ran a risk of criminal conviction and imprisonment "if an initial doctor's opinion that abortion was an option as it posed a risk to the woman's health was later found to be against the Irish constitution".

The court said Irish constitutional courts were not appropriate for determining whether a woman qualified for a lawful abortion.

Under Irish law, abortion is a criminal act although a referendum in 1983 amended the constitution acknowledging the mother's right to life was equal to that of the child.

Following several legal cases, the Irish Supreme Court ruled in 1992 that abortion was lawful if the mother's life was at risk.

However, the Irish parliament has never enacted legislation regulating the constitutionally guaranteed right.

The three women were all supported by the Irish Family Planning Association. They have not been identified, although two are Irish nationals and one is a Lithuanian who is resident in the Irish Republic.

The UK-based abortion charity BPAS - which submitted written observations to the court - welcomed the ruling.

"The lack of clarity as to when abortion may be lawful in Ireland puts women and doctors in an impossible situation, and the sooner this can be remedied the better," said BPAS chief executive Ann Furedi.



Ireland is now under pressure to do what successive Irish governments have avoided doing for almost 20 years - alter its abortion laws.

In theory, it would not be a major change. It would simply reflect the judgement of the Irish Supreme Court in 1992 which ruled that a woman whose life was in danger should be allowed an abortion.

In practice, defining what constitutes a threat to life for the mother will be a legal minefield.

Changing the law would also be a political minefield. Ireland is bitterly divided over abortion, and the Irish government has plenty of other priorities at present with the financial crisis and a general election early next year.

The European Court ruling means Ireland must now reconsider its abortion legislation. The current government will be in no rush to do so.