Conflicting rights

Miss D, aged 17, was pregnant and in the care of Ireland’s social services, Health Service Executive (HSE). Following a routine hospital scan she discovered that the foetus was suffering from a fatal abnormality and she decided that she wanted an abortion. Although abortion is lawful in Ireland, it is legal only on the basis that in the absence of a termination the life of the mother will be put in jeopardy, and though a provision exists in the Irish constitution to allow for legislation on this issue none has thus far been enacted.

The HSE, anticipating that D would leave Eire and go to the UK to get an abortion, asked the police to arrest D if she tried to leave the country and also asked the Irish passport office not to issue a passport. D challenged this action by judicial review. The HSE argued at first that it could not get involved in D’s plan to terminate her pregnancy and also that by Ireland’s