Women and Justice: Court: Supreme Court of Ireland

Domestic Case Law

Attorney General v. X. and Others Supreme Court of Ireland (1992)

Gender-based violence in general, Sexual violence and rape

X was a 14 year-old girl who became pregnant and suicidal after being raped.  Her parents tried to take her to England in order to obtain a first-trimester abortion that was illegal in Ireland but the Attorney General obtained an interim injunction from the High Court restraining the girl and her parents from leaving the country for a period of nine months or from arranging an abortion for her. The family appealed.  The Supreme Court held that the Constitution's prohibition on abortion did not prevent a suicidal 14 year-old, pregnant as the result of rape, from obtaining an abortion in Ireland, because the suicide was a substantial risk to the life of the pregnant girl. The Court also struck down the injunction prohibiting the girl from leaving the country.

De Burca and Anderson v. Attorney General Supreme Court of Ireland (1975)

Gender discrimination

The plaintiffs were two female criminal defendants who chose to be tried by a jury and objected to the Juries Act of 1927 which excluded all women from jury pools except those who opted to be part of the potential jurors list.  The Supreme Court ruled the Juries Act unconstitutional because it constituted invidious discrimination on the basis of sex.