Americans United for Life

Americans United for Life protects and defends human life from conception to natural death through vigorous legislative, judicial, and educational leadership.

Archives for December 15, 2010

More on ABC vs. Ireland




William Saunders of AUL blogged about the case today at LifeNews.com. An excerpt is below.

Tomorrow, the European Court of Human Rights (ECHR) is expected to announce its ruling in the case ABC v. Ireland.

The plaintiffs, three anonymous women A., B., and C., are asking that the Court create a right to abortion in the European Convention on Human Rights (the Convention) to trump the right to life Ireland guarantees the unborn in its Constitution. It seems ironic that the Convention designed to protect against injustice may be used to stomp out a nation’s right to legally protect its smallest and most vulnerable members.

Be sure to read the whole thing. You can also read a previous blog post and a news release on the subject.

Perinatal Hospice – a Compassionate Option for Families with Terminally Ill Newborns




Perinatal hospice can be a wonderful tool to help bereaved families with their grief. Perinatal hospice professionals answer questions, help make plans, and provide care and support for both the baby and the family.

Unfortunately, very few families know this option is available, and to date, only one state requires that parents of terminally ill newborns be given the option for perinatal hospice care: Minnesota. The vast majority of parents who find out that their unborn child has a lethal fetal anomaly will not be informed of the option for perinatal hospice and will opt to terminate the pregnancy. In fact, only 20 percent of parents choose to bring their child to term.[1]

In contrast, parents that are informed of the option for supportive perinatal hospice overwhelmingly choose it. The statistics show that 80 percent of parents choose this option when it is given to them.[2]

Americans United for Life has drafted new model legislation entitled the “Perinatal Hospice Information Act” in order to help the states increase awareness of this compassionate option for families of unborn children with lethal fetal anomalies.

[1] M. D’Almeida et al., Perinatal Hospice: Family-Centered Care of the Fetus with a Lethal Condition, 11 J. Amer. Physicians & Surgeons 52 (2006); B.C. Calhoun & N. Hoeldtke, The Perinatal Hospice: Ploughing the Field of Natal Sorrow (2005), available at http://www.choicesmc.org/pages/pregnant/sub/perihospcalhoun1.php (last visited June 17, 2010).

[2] Id.

AUL says the “Roe v. Wade” Ruling of Europe May Come This Week



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WASHINGTON, D.C. (12-16-10) – International abortion-watchers alert: Americans United for Life Sr. Counsel William Saunders reported that this week the European Court of Human Rights will issue a judgment in an abortion case which could create the same kind of chaos caused by Roe v. Wade, the U.S. ruling which replaced abortion laws in the 50 states with the judgment of a handful of judges.

“Even pro-abortion law professors agree that Roe v. Wade was poorly decided,” noted the Harvard-trained attorney. “Today, the nations of Europe – Ireland in particular – could face the same kind of sweeping judicial activism on the issue of abortion that the United States experienced. We could be looking at the Roe v. Wade of Europe and another example of agenda-driven judges forcing their personal views.”

On Thursday, the European Court of Human Rights will announce its decision in the case of ABC v. Ireland.  The case involves abortion and whether the treaty that established the Council of Europe provides for a right to abortion sufficient to override the pro-life provisions of the Irish Constitution.  A, B and C are three unnamed women who claim their right to abortion under the European Convention on Human Rights was denied because of the Irish Constitution.

Saunders, who is a consultant in the case, noted that it is odd for many reasons and should be dismissed on procedural grounds (failure to file in Ireland). Nevertheless, a serious risk exists that the European Court will continue its expansion of “abortion rights” through judicial activism. For more information, go to www.aul.org.

“Since the word ‘abortion’ is not mentioned in the European Convention and since abortion is traditionally left to each nation to decide for itself, any decision by the court that involves a ‘right to abortion’ will be an example of judicial activism. The judges have no legal right to rule on abortion,” said Saunders, who also serves as AUL’s Sr. Vice President.

For interviews or more information on the possibility of a “Roe v. Wade”-style ruling that will sweep across Europe, contact press@aul.org.

Additionally, a blog post on this matter, Why ABC v. Ireland is Important, can be found here.

Why ABC v. Ireland is important




William Saunders of AUL wrote an article in Human Life Review‘s Summer 2010 issue that is an in-depth analysis of ABC v. Ireland. A ruling in the case is expected within the next day, so we are revisiting that article now. Saunders was legal consult to pro-life intervenors in the case. The Joint Written Observations of Third Party Interveners can be found here.

An excerpt:

Though ABC v. Ireland is simply one case, in one country, involving only
three plaintiffs, it nevertheless has far-reaching implications, both for Ireland
and for the greater international community. Supra-national governing
bodies are a product of a 20th-century desire for international cooperation.
These institutions, such as the U.N. and the European Union, are meant to
prevent a small but powerful tyranny from trampling upon inviolable human
rights. ABC v. Ireland could represent a departure from this model by allowing
a small number of pro-abortion activists to define what customary international
law is on the issue of abortion.

Click here to read the whole Human Life Review article. A news release on this case can also be found here.