The Irish abortion case

The European Parliament,

A. having regard to the judgements of the High Court and the

Supreme Court of Ireland concerning the case of a fourteen-

year-old girl who was raped in December 1991, became

pregnant and who, together with her parents, wished to

travel to the United Kingdom to have an abortion,

B. having regard to the serious implications of the judgement

of the High Court and Supreme Court of Ireland in this

case, concerning the question of free movement of Irish

citizens within the European Community to avail themselves

of such services,

C. having regard to the Protocol annexed by the High

Contracting Parties to the Treaty on European Union and to

the Treaties establishing the European Communities of

February 1992 which states that nothing in these Treaties

shall affect the application in Ireland of Article 40.3.3

of the Constitution of Ireland,

D. having regard to the Irish Government's stated intention to

amend the Protocol,

E. having regard to the importance of the principle of free

movement of citizens of all EC countries in accordance with

the Treaties,

F. having regard to the fact that all Member States adhere to

the European Convention on Human Rights and that the

Maastricht Treaty incorporates this convention into the

principles of the European Union,

G. repeating its support for the principle of subsidiarity,

according to which all Member States are entitled to have

constitutions and laws which reflect their varied

religious, ethical, philosophical and cultural backgrounds,

in accordance with the Treaties,

1. Notes the decision of the Irish Supreme Court to lift the

High Court injunction on the grounds that they were

satisfied there was a real and substantial risk to the life

of the mother, and a termination of pregnancy was therefore

permissible;

2. Calls on the Member States to ensure the availability of

legal redress whereby their citizens can assert their

rights under the Treaties;

3. Expresses the hope that steps will be taken to ensure that

no diminution of any of the rights which Irish citizens and

other Community citizens in Ireland enjoy under Community

law will result from the ratification of the Maastricht

Treaties;

4. Instructs its President to forward this resolution to the

Council, the Commission and the Governments of the Member

States, and to report back to a future part-session of

Parliament.