CCPR/C/119/D/2425/2014
that in order to terminate her non-viable pregnancy, she was required to travel abroad at her
own expense.
7.12 The Committee recalls paragraph 13 of its general comment No. 18 (1989) on nondiscrimination, in which it states that not every differentiation of treatment will constitute
discrimination, if the criteria for such differentiation are reasonable and objective and if the
aim is to achieve a purpose which is legitimate under the Covenant. The Committee notes
the author’s claim that she was denied on the basis of her sex access to medical services
that she needed in order to preserve her autonomy, dignity and physical and psychological
integrity; that, in contrast, male patients and patients in other situations in Ireland are not
expected to disregard their health needs and travel abroad in relation to their reproductive
functions; and that the State party’s criminalization of abortion subjected her to a genderbased stereotype according to which the primary role of women is reproductive and
maternal. The Committee considers that the differential treatment to which the author was
subjected in relation to other women who decided to carry to term their unviable pregnancy
created a legal distinction between similarly situated women that failed to adequately take
into account her medical needs and socioeconomic circumstances and did not meet the
requirements of reasonableness, objectivity and legitimacy of purpose. Accordingly, the
Committee concludes that the failure of the State party to provide the author with the
services that she required constituted discrimination and violated her rights under article 26
of the Covenant.
7.13 In the light of the findings above, the Committee will not separately examine the
author’s allegations under articles 2 (1), 3 and 19 of the Covenant.
8.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the facts before it disclose a violation of the author’s rights under articles 7, 17 and 26
of the Covenant.
9.
In accordance with article 2 (3) (a) of the Covenant, the Committee considers that
the State party is under an obligation to provide the author with an effective remedy. This
requires it to make full reparation to individuals whose Covenant rights have been violated.
Accordingly, the State party is obligated to, inter alia, provide the author with adequate
compensation and to make available to her any needed psychological treatment. The State
party is also under an obligation to take steps to prevent similar violations occurring in the
future. To this end, the State party should amend its law on voluntary termination of
pregnancy, including, if necessary, its Constitution, to ensure compliance with the
Covenant, including with respect to ensuring effective, timely and accessible procedures for
pregnancy termination in Ireland, and take measures to ensure that health-care providers are
in a position to supply full information on safe abortion services without fearing being
subjected to criminal sanctions,21 as indicated in the present Views.
10.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure to all individuals within its territory or subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective remedy when it has been
determined that a violation has occurred, the Committee wishes to receive from the State
party, within 180 days, information about the measures taken to give effect to the
Committee’s Views. In addition, it requests the State party to publish the present Views.
21
GE.17-10463
See also CCPR/C/IRL/CO/4, para. 9.
15
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