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 constitution, Art