Marco Bounce - The Compass Daily
17/12/2010
Good news is that yesterday the European Court of Human Rights has now clearly established and that the European Convention for the Protection of Human Rights and Fundamental Freedoms, there is no right to abortion. That is not good at the same time, the Court refers to the national parliaments of the Member States of the European legislative decision on every point. The ambiguity lies in the fact that if, theoretically, the second measure provides a measure of democracy is absolutely necessary within the European institutions, preserving the principle of national sovereignty, in practice only moves the problem almost pretending not to see what are the guidelines legislation of the vast majority of the parliaments of EU member states concerning the right to life. Moreover, precisely one of the exceptions filoabortista historical orientation of the media in national laws, Ireland (there abortion is banned except in rare and unique), was the casus belli.
The Strasbourg ruling yesterday closed the case, known as "ABC", which opened in 2005 by a case brought by three women (two Irish and a Lithuanian resident in Ireland) against the non-abortion legislation in the country blamed for this reason to violate Article 8 of the European Convention (an international treaty drawn up by the Council of Europe and which entered into force in 1953), which protects the "right to respect for private and family life."
To abort the three women came to his time as a sad practice in such cases in Britain. One of them was barely recovering from cancer and asked to complete an abortion, fearing that the unwanted pregnancy would have caused a resurgence of evil. To her, only to her, the Strasbourg court ruled in favor of, a breach of the famous art. 8, and then condemned Ireland to pay the woman with 15 thousand euro.
But what he did yesterday Strasbourg was only recognize a violation of that article of the Convention, not the positive support that it extends the right to abortion.
Certainly, in this case, art. 8 has been instrumentally used by "C" for supporting abortion rights, but the Convention does not in itself so decided, either in spirit or in letter.
The ridge is thin and tight battle. Certain political forces and lobbies seek to introduce cultural force in Europe the right to abortion where it does not exist, invoking a "spirit of the Treaties" European "hovering" to "conventional wisdom" on the texts of the documents themselves. The legal authority of guardians' "originality" of the Treaties and categorically deny them constantly texts the hand. But the limbo of the interpretation is too broad.
As for "C", the case that most lends itself to assessments captious, the PNCI, Parliamentary Network for Critical Issues (international coordination for the promotion and respect for the dignity of human life, to Washington by Marie S. Smith), delivers, now a major statement of John Smeaton, national director of the Society for Protection of Unborn Children, based in London. "The Court," Smeaton said, "has misunderstood the Irish Constitution, confusing abortion with medical care. The Constitution of Ireland, with no right to abortion or the right to life of unborn babies can in no way be considered in competition with the right to life of the mother. Abortion is not a medical treatment and Ireland, where abortion is banned, it offers the best health care to mothers of the world. If it becomes law, this ruling to legalize abortion for a wide range of circumstances. "
The danger, then, is not averted. But the fact remains that the decision yesterday, said PNCI, a great defeat of the pro-abortion logic, the one who dreamed of transforming the case "ABC" in the legalization of abortion "European" creeping doubt that the Irish legislation is inconsistent with parameters average of the Member States.
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