ICCPR Case Digest

CCPR/C/116/D/2324/2013

Submission:

Mellet v. Ireland

Substantive Issues
  • Abortion
  • Access to information
  • Gender equality
  • Privacy
  • Torture / ill-treatment
Relevant Articles
  • Article 17
  • Article 19
  • Article 26
  • Article 3
  • Article 7
Full Text

Recommendations

Pursuant to article 2, paragraph 3(a), of the Covenant, the Committee considers that the State party is under an obligation to provide the author with an effective remedy. This requires it to make full reparation to individuals whose Covenant rights have been violated.

Accordingly, the State party is obligated, inter alia, to provide the author with adequate compensation and to make available to her any needed psychological treatment.

The State party is also under an obligation to take steps to prevent similar violations occurring in the future. To this end the State party should amend its law on voluntary termination of pregnancy, including if necessary its Constitution, to ensure compliance with the Covenant, including ensuring effective, timely and accessible procedures for pregnancy termination in Ireland, and take measures to ensure that health-care providers are in a position to supply full information on safe abortion services without fearing being subjected to criminal sanctions, 12 as indicated in these Views of the Committee.

Implementation

Committee's assessment 122nd session (CCPR/C/122/R.2):

  • Compensation:  A
  • Non-repetition: B

Committee’s decision: Follow-up dialogue ongoing.

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