CCPR/C/119/D/2425/2014 Claims under article 19 3.6 The Regulation of Information (Services Outside the State for Termination of Pregnancies) Act, 1995 (“abortion information act”) sets forth the circumstances in which information, advice and counselling about abortion services that are legal in another State can be made available in Ireland. It pertains in particular to information that is likely to be required by women who consider travelling abroad for an abortion and regulates the conduct of providers of such information, such as counsellors and health providers. The Act indicates that the provision of information, advice or counselling about abortion services overseas is unlawful if, inter alia, it advocates or promotes the termination of pregnancy. The Act also prohibits the distribution of written information to the public without solicitation by the recipient, and has been interpreted to require that information, advice or counselling about termination of pregnancy can only be provided in a face-to-face counselling session, and not over the phone. 3.7 While the Act prohibits health-care providers from advocating or promoting the termination of pregnancy, it lacks any definition of the types of speech that would constitute “advocacy” or “promotion.” This deficiency has a chilling effect on health-care providers’ speech. The author’s treating physicians in Ireland denied her the information she needed. They did not offer her any leaflets or phone numbers that could have allowed her to obtain further information about the fetal diagnosis. Nor was she offered any information about termination or travel options. The doctor who treated her in Dublin handed her a report with the words, “in case [you] want to travel”, but did not elaborate on what travelling for a pregnancy termination would entail. Believing that health-care providers were legally precluded from providing her with further information, the author felt abandoned and feared she would face judgment or legal repercussions if she requested relevant information. 3.8 The restrictions on sexual and reproductive health information that the author experienced cannot be characterized as being provided for by law for the purpose of the test under article 19 (3). The State’s interference with her access to sexual and reproductive health information was also not a permissible limitation on her right to information under article 19 on the ground of protection of morals and was discriminatory. The restrictions were directly related to the perceived need to protect the right to life of the “unborn” in the Constitution. However, in the author’s situation, the “unborn” had no prospect of life. The denial of information was therefore irrelevant to the aim of protecting the “unborn”.8 8 GE.17-10463 The author provides a report issued by the Irish Family Planning Association, a non-governmental organization that provides sexual and reproductive health consultations nationwide. The report addresses the experiences of Irish women who have received a diagnosis of fatal fetal anomaly and seek to terminate the pregnancy. The report states that the abortion information act, which is interpreted conservatively, has a chilling effect on information provision by health-care professionals, who assume or fear that they are precluded from discussing abortion with patients. While doctors are free to engage in the normal communication of information and advice with patients and other professionals, in reality most doctors do not discuss abortion with their patients, perhaps out of fear of possible repercussions, including damage to their reputation and career prospects, malpractice complaints or allegations of a breach of the law or of professional ethics guidelines. Women who receive diagnoses of fatal fetal anomaly need information on the process and the appropriate aftercare and associated procedural risks; on the post-abortion treatment of fetal remains; on issues such as post-mortem examination, chaplaincy services, cremation and funeral arrangements; and on costs and visa requirements, if applicable. Many women seeking to terminate pregnancy feel anger at the experience of being expelled and exiled from a health service they trust — and pay for through taxes. The author also provides a statement from a general practitioner physician and spokesperson for Doctors for Choice Ireland, an alliance of medical professionals advocating for comprehensive reproductive health services in Ireland. According to the statement, a scientific paper published in September 2012 noted that 87 per cent of the 500 physicians surveyed in Ireland are in favour of providing abortion services in cases of fatal fetal abnormalities. The study also indicated that the requirement to travel overseas for an abortion causes the patient physical, psychological and social illhealth, an impaired doctor-patient relationship and an impaired doctor-doctor relationship. 5