Family of Savita Halappanavar blames Irish law, medical negligence for her death

Observing that the tragic death of Indian dentist illustrates a gap in Irish law, rights group Amnesty asked Ireland to ensure that its domestic policy on access to abortion is in line with international human rights law. It has written to Irish minister for health James Reilly over the issue expressing its concern. 

"International human rights law is clear about the right of a woman to access a safe and legal abortion where her life is at risk," said Colm O'Gorman, Executive Director of Amnesty International in Ireland. Noting this right has already been established as a Constitutional principle by the Irish Supreme Court, the body expressed concern about lack of clarity on the issue.

Savita Halappanavar, 31 an Indian dentist was admitted to University Hospital Galway in western Ireland last month, died of septicaemia a week after miscarrying 17 weeks into her pregnancy as the hospital authorities citing religious grounds refused abortion. The family of the deceased have accused the hospital staff of negligence.

Despite the repeated requests for termination, the same were rejected because of the presence of a foetal heartbeat. Halappanavar was reportedly told that Ireland being a Catholic country, her request for an abortion would not be entertained.

Father of the deceased, Andalappa Yalagi, blamed the archaic laws and the rigidity of the medical practitioners for his daugther's death. "There are two reasons: one, the ban on abortion (under) Ireland's law, and secondly, the negligence of the doctors. I can say these two factors have taken place," Yalagi said.

Her mother, A. Mahadevi, said the authorities should have been sensitive to the situation and should have considered saving her life above everything else. "It is a very important issue. The authorities there should have considered the fact that we follow the Hindu faith and they should have taken a decision after taking everything into perspective. Now it is time for our foreign ministry to take this matter up with the government of Ireland," Mahadevi said.

At least 2,000 people gathered outside Ireland's parliament for a candle-lit vigil to demand that the government legislate to close a legal loophole that leaves it unclear when the threat to the life of a pregnant woman provides legal justification for an abortion.

After several challenges, the European Court of Human Rights ruled in 2010 that Ireland Prime Minister Enda Kenny, whose party has been criticised for delays in introducing legislation to define in what circumstances abortion should be allowed, offered condolences to the woman's family, but said he could not comment further until an investigation into the death.

Abortion remains an extremely divisive issue in Ireland, an overwhelmingly Roman Catholic country which has some of the world's most restrictive laws on medical terminations. In the absence of legislation, Irish women are forced to go abroad to terminate their pregnancies, an option not open to seriously ill mothers.

The report of the UN's Review of Ireland's human rights record in October last year contains repeated calls from UN member states to bring Ireland's domestic law in line with international human rights obligations and at the very least regulate access to life-saving abortions.

In 2011 the UN Committee Against Torture urged Ireland to clarify the scope of legal abortion through statutory law.