by Bill Saunders
November 18, 2008
Last week, FRC filed a friend of the court brief in a case before the European Court of Human Rights (ECHR). The ECHR is considering a challenge to Ireland’s laws on abortion, which restrict access to abortion unless the woman’s life is in danger. FRC was one of 3 groups invited to file an unusual “joint” brief by the ECHR, and the only pro-life group in the USA invited to do so. (The others were SPUC of the United Kingdom and the European Center for Law & Justice from Brussels.)
The case is important because the European system of jurisprudence is quite limited when it comes to social issues. In other words, though there is a European Convention of Human Rights that binds all European nations that have ratified it (including Ireland), the resolution of “social issues” is left to the laws of the individual state to decide. Thus, it should not be possible for the ECHR to create a European-wide “right” to abortion.
Of course, the U.S. Supreme Court created a right to abortion where none existed under our Constitution. Thus, just as our Court ignored the wording of the Constitution and principles of federalism to overturn the laws of all 50 states on abortion, it is conceivable the ECHR could do the same thing. In fact, pro-abortion groups have filed briefs urging it to do so. Thus, it was important for FRC - in alliance with our good friends of the Alliance Defense Fund - to file a brief urging the ECHR to stay out of these matters and to leave the resolution of the issue to the member states. Click here for the brief itself.