| Attorney General V. X |
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Information AboutAttorney General V. X |
| CATEGORIES ABOUT ATTORNEY GENERAL V. X | |
| irish constitutional law | |
| abortion case law | |
| attorney general v. x ireland | |
| abortion in ireland | |
| landmark cases | |
| 1992 in ireland | |
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The case involved a 14-year-old girl (named only as ''X'' in the courts and the media to protect her identity) who had been Rape d and become pregnant. X told her mother of Suicidal thoughts because of the unwanted pregnancy, and as abortion was illegal in Ireland, the family travelled to England for an abortion. Before the abortion was carried out, the family asked the Garda Síochána if DNA from the aborted Fetus would be admissible as evidence of rape in the courts. Hearing that X planned to have an abortion, the Attorney-General , Harry Whelehan sought an Injunction under Article 40.3.3 of the Constitution Of Ireland preventing her. The injunction was granted by Justice Costello in the High Court . The High Court injunction was appealed to the Supreme Court, which overturned it by a majority of three to two. The majority opinion held that a woman had a right to an abortion under Article 40.3.3 if there was a real and substantial risk to her life (as opposed to her health). X had a Miscarriage shortly after the judgement before an abortion could be carried out. The case resulted in no fewer than three proposed Constitutional Amendments on the issue of abortion, referendums for which were held on 25 November 1992:
The thirteenth and fourteenth amendments were ratified but the twelfth was rejected. EXTERNAL LINK
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