Miss D (1 Viewer)

[nlgbbbblth]

uh-oh. deja vu.

http://www.rte.ie/news/2007/0430/missd.html?rss

Monday, 30 April 2007 20:16 A 17-year-old girl who is four months pregnant and whose child cannot survive outside the womb has gone to the High Court to challenge a decision by the Health Service Executive to stop her leaving the State for an abortion.
The girl is in the care of the HSE and is challenging its decision to contact gardaí and not to let her travel for the abortion unless she presented as a suicide risk.
The girl, known only as Miss D, is from the Leinster area.
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She found out a week ago that her baby has a condition called anencephaly, which means the baby's brain is not developing properly.
The condition means the child will live a very short time, if at all, after it is born.
After hearing this news, the girl made a decision to travel to the UK for a termination but the HSE asked gardaí not to permit her to leave the jurisdiction.
The High Court was told an order was made in the district court in February putting the girl into the care of the HSE because of the conduct of her mother towards her.
The court heard her father was 'absent from her life'.
She is challenging the district court order in so far as it restricts her leaving the State.
She is also challenging the HSE's decision to ask gardaí to stop her and she is challenging the HSE's decision to refuse to let her travel to terminate the pregnancy unless there was a risk she would commit suicide.
Mr Justice Liam McKechnie ordered that the HSE and the State be notified of the girl's application and the case has been listed for mention tomorrow morning.

 

[pete]

the idea that the cops can prevent someone leaving the country, never mind the fact that the Health & Safety Executive would ask them to....

madness.

 

[ernesto]

oh man. for fuck sake.
whatever about being in a backward state not allowing abortions but to actually prevent her from travelling to a different country to get it?
human fucking rights.
this is sickening. poor girl.

 

[Space]

Fuckin prick bastards, this kinda shit makes me so fuckin angry.

Just cause it's against your religion to have an abortion doesn't mean you have to force your views on everybody else and yes I believe it all boils down to religion in this backward country of ours.

Edit: Sorry bout the anger I really feel sorry for the girl in question too.

 

[ernesto]

Fuckin prick bastards, this kinda shit makes me so fuckin angry.

Just cause it's against your religion to have an abortion doesn't mean you have to force your views on everybody else and yes I believe it all boils down to religion in this backward country of ours.

Edit: Sorry bout the anger I really feel sorry for the girl in question too.

<virtual rep>

 

[Space]

<virtual rep>

Right back at ya.

 

[Unicron]

The fact that the baby won't live even if it's brought to term makes it double fucking infuriating. This particular case shouldn't even be considered a pro-life/pro-choice issue, they know the sprog isn't going to make it and they're just traumatising the girl for no reason.

 

[CitySickness]

Who exactly in the HSE requested this? Sounds like this poor girl is being used by someone with a serious axe to grind.

 

[pete]

Who exactly in the HSE requested this? Sounds like this poor girl is being used by someone with a serious axe to grind.

might be starting to look that way alright

State powerless to stop teen travelling to UK

The State has no power to stop a teenage girl travelling to Britain for an abortion, the High Court was told today.
The 17-year-old, who is four months pregnant, is challenging the Health Service Executive (HSE) which is preventing her from terminating her pregnancy overseas.
The teenager, who can only be identified as Miss D and from the Leinster region, has been in the care of the HSE since March. She was told last week that her baby is suffering from the brain condition anencephaly, resulting in the absence of a major portion of the brain, skull and scalp.
The newborn baby will live a maximum of three days.
Mr Justice Liam McKechnie today granted the girl leave to bring a legal action to prevent the HSE restraining her leaving the country for an abortion.
The case is being rushed through the courts system, and will be heard in full on Thursday morning.
The girl maintains she was told by the HSE that it had contacted the gardai to request that she not be permitted to leave the State unless she was suicidal.
However, the High Court heard the HSE and gardai had no power to stop the girl from travelling abroad.
Donal O'Donnell SC, appearing for the Attorney General, said the HSE has no legal power to direct the gardai to restrain a person who is subject of an interim care order; that the gardai do not have the legal power to restrain someone simply because they are subject of an interim order; and that the HSE order does not restrain a person from travelling anywhere.
The HSE said the teenager will undergo a psychiatrist examination later today, with a medical to be carried out on the girl and foetus if required.
Gerard Hogan SC, representing Miss D, said in an affidavit his client said she was deeply distressed and could not live through the pregnancy knowing her baby would die, but stressed she was not suicidal.
He said the girl had asked for the case to be heard in open court, as long as her identity was protected, adding it was of great importance that the case be heard as speedily as possible.
"I ask for this case to be heard in a matter of days or at the very outset next Tuesday," he said.
Gerard Durkan SC, for the HSE, said his client was anxious for whatever course of action for the best welfare of the girl and would do that having regard for all the legal parameters and restraints that applied.
Despite being in the care of the state, the girl's mother appeared in the court to give the teenager her full backing. The woman — to be known as Miss A — agreed to apply for legal aid today so she can be legally represented during the case.
Mr Justice McKechnie granted leave for a full hearing of the case on Thursday and ordered no details be reported which could identify the teenager. Miss A was ordered to appear before the judge tomorrow morning to ensure the application for legal aid was successful before the full hearing is called. If not the HSE offered to cover the cost of a solicitor for the woman.
© 2007 ireland.com

So the AG is basically saying "nothing to do with us, lads"?

 

[magicbastarder]

my understanding of it was that the HSE typically can not stop someone from travelling to the UK; but since the HSE is the girl's current legal guardian, they can stop her from doing so, not under abortion laws, but under the "we're your parents" law.

 

[pete]

my understanding of it was that the HSE typically can not stop someone from travelling to the UK; but since the HSE is the girl's current legal guardian, they can stop her from doing so, not under abortion laws, but under the "we're your parents" law.

but the AG has said that they can't do this.

or has he?

in other news, there's an awful lot of men involved in this case.

 

[egg_]

Who in the HSE is behind this, and what buzz are they on? Anyone care to trawl the internet and find support for the HSE's case, and report back here? I can't see how anyone could justify this sort of carry on

 

[CitySickness]

my understanding of it was that the HSE typically can not stop someone from travelling to the UK; but since the HSE is the girl's current legal guardian, they can stop her from doing so, not under abortion laws, but under the "we're your parents" law.

It's not terribly common for parents to call the cops to embargo travel out of the state though, is it?

My bet: it's a determinedly political effort by someone in the HSE to force a "definitive" abortion referendum. If so, it's sickening it's been allowed to get this far.

 

[egg_]

Actually, why the fuck is a 17 year old in care? Surely she can fend for herself at that age?

 

[egg_]

My bet: it's a determinedly political effort by someone in the HSE to force a "definitive" abortion referendum. If so, it's sickening it's been allowed to get this far.

Hmmm you're probably right

 

[Psychotic no 2]

Fuckin prick bastards, this kinda shit makes me so fuckin angry.

Just cause it's against your religion to have an abortion doesn't mean you have to force your views on everybody else and yes I believe it all boils down to religion in this backward country of ours.

And a shitload of sexism too, I feel.

 

[magicbastarder]

My bet: it's a determinedly political effort by someone in the HSE to force a "definitive" abortion referendum. If so, it's sickening it's been allowed to get this far.

in a related manner, i got the distinct impression that carney was trying to force someone's hand over rape laws in that recent case where a rapist was found guilty but was able to walk free.

 

[magicbastarder]

Actually, why the fuck is a 17 year old in care? Surely she can fend for herself at that age?

what, like get a job and accomodation? while pregnant at 17?

 

[pete]

She's still a child.

 

[Space]

And a shitload of sexism too, I feel.

Indeed.