On air: Is sovereignty an out-of-date concept?
| 17:50 UK time, Thursday, 16 December 2010
This topic was discussed on World Have Your Say on 16 December 2010. Listen to the programme.ÌýÌý
The has ruled that Irish anti-abortion laws violate women's human rights.
This means Ireland is likely to have to change its laws regarding abortion, with the government potentially having to allow access to abortion for women whose lives are at risk - something the women's lawyers had argued was not the case in Ireland in reality.
The ruling opens up a huge debate about where sovereignty lies - and whether it matters.
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Of course this would not be the first time the European court has overturned the laws of one of the countries within its juristiction. But effectively, should the European court rule in favour of A, B and C, it would not only overturn the will of the Irish government but also the Vatican - and the fact that it is on such an emotive issue as abortion only makes it more controversial.
The :
By stealth, the Lisbon Treaty allows the court at Strasbourg to make rulings which challenge the domestic criminal laws in member states. The decision in the ABC case will not just affect Ireland, but all member states. Not just in the area of abortion, but in any area which the ECrtHR feels it may involve itself.
The Irish state had defended the existing law, saying it takes its position from "deeply embedded" views within Irish society. The ruling trumps those views.
And those views are why this decision is set to cause so much debate - Ireland is one of Europe's most staunchly Catholic countries, and the Vatican has a firm line on abortion.
And the Euro-sceptic :
The ruling could have all sorts of significant implications and the gravity of the decision is reflected by the decision of the court to issue its ruling at a public sitting rather than by a written statement
But Julie Kay, who is the lawyer representing the women, argued that the human rights of the women are the most important thing in this case:
This is a serious human rights issue and it's one that has not been addressed before this, to this extent and so we're optimistic that these women's rights can be vindicated by the court.
Sean emailed the 91Èȱ¬ with his view that abortion law previously had been dictated not by the Irish government but by Rome anyway:
Ireland is a society which is still under thumb from the Catholic church and is behind the times in terms of its abortion.So what do you think? Is sovereignty an out-of-date concept? Who should ultimately decide the laws in a country? The people, the government, a religious authority or a higher court, such as the ECoHR? Is it a good or bad idea for governments to have less sovereignty?
