Could an Irish woman potentially be charged for having an abortion in the UK?

Bottle_of_Smoke

Was reading about people in the UK who want to go to Switzerland for euthanasia worrying their relatives who helped them get there could be charged on their return.

As the Irish state bans abortion and recognises the unborn's right to life, could mothers, or even fathers who accompany/fund the mothers trip potentially be charged over the abortion?

Is there a specific reason or is it just the general secrecy surrounding abortions what stops charges being brought?

Our man in Havana

How would the state know a person travelled abroad to obtain an abortion?

There are constitutional provisions that allow the right to travel to obtain an abortion and the right to obtain information about abortions. I don't recall hearing of any case where any person has been prosecuted.

The state only tends to get involved in cases where the woman is a minor in the care of the state.

Bottle_of_Smoke

Bond-007 wrote: »

How would the state know a person travelled abroad to obtain an abortion?

If someone reported them. Like reporting the family members of those who travel for euthanasia.

There are constitutional provisions that allow the right to travel to obtain an abortion and the right to obtain information about abortions. I don't recall hearing of any case where any person has been prosecuted.

The state only tends to get involved in cases where the woman is a minor in the care of the state.

Ok, I think these provisions are what answer my question. Cheers

dermot_sheehan

Simple answer is no.

Article 40.3.3 was amended to expressly allow travel for an abortion.

The provisions criminalizing abortion in the Offences Against the Person Act 1861 are presumed to act territorially.

This is different from murder/manslaughter which can be tried in ireland wherever in the world it takes place. This law is also on the books in england which is potentially why those who assit a uk national in killing themselves overseas risk prosecution in britain. Similarly ireland could prosecute someone who helps an irish citizen kill themselves overseas.

Ceartgoleor

Plus Art 60 of the Treaty of Rome (despite the Protocol 17 amendment) wouldn't allow someone to be criminally prosecuted for availing of a service that is lawfully permitted in another EC state.

I'm researching this issue at the minute, and the whole thing is still hugely contentious.

Stirling

Problem with that is that Switzerland is not an EU member state so obtaining a service there that is legal is not the same as obtaining a service which is legal in one EU member state but not in another EU member state

Ceartgoleor

Stirling wrote: »

Problem with that is that Switzerland is not an EU member state so obtaining a service there that is legal is not the same as obtaining a service which is legal in one EU member state but not in another EU member state

Yeah, thats regarding the euthanasia argument, but the point on abortion still stands though

Our man in Havana

Euthanasia is not legal in Switzerland. Assisted suicide is.

As regards the prosecution of assisting a suicide, would giving the person the money to travel count as assisting? Would that person be charged?