Ms Y’s Nine Lawsuits

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Abortion Rights Campaign prochoice march 27th September 2014

A pro-choice protester in Dublin, in September last year

You’ll recall the case of Ms Y, the suicidal teenage asylum seeker who discovered she was pregnant, after she was raped, and went on hunger strike in pursuit of an abortion.

Yesterday, Mark Tighe, in the Sunday Times, reported:

A baby boy was delivered prematurely at 26 weeks when doctors signed off on the procedure under the new abortion law after Ms Y was deemed suicidal. She had described the unborn baby as a “devil” and said she would rather die than bring it to term. The boy has since been taken into care by the state.

Letters claiming damages for personal injury have been sent to the health-screening centre at the asylum centre where she first lived, a psychiatric hospital, the maternity hospital where the baby was born, and the Health Service Executive (HSE).

The Irish Family Planning Association (IFPA), which was involved in counselling Ms Y after she discovered she was pregnant, is also being sued. An Garda Siochana, which is alleged to be involved in Ms Y’s forced repatriation to Ireland when she travelled to Liverpool to seek an abortion, has also been issued with a claim.

The Department of Justice and the Reception and Integration Agency, which have responsibility for managing asylum seekers, are also on notice of the claims against them.

Ms Y issues nine abortion lawsuits (Mark Tighe, Sunday Times)

Previously: ‘It Is Right To Be Angry In The Face Of Injustice’

Pic: Paula Geraghty

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42 thoughts on “Ms Y’s Nine Lawsuits

    1. Lorcan Nagle

      The C-Section took place at the minimum viable age. The child has something in the region of a 5% chance of surviving childhood without any severe health issues or defects, and only a 20% chance of living.

  1. Don Pidgeoni

    Good. I hope she wins all of them.

    “An Garda Siochana, which is alleged to be involved in Ms Y’s forced repatriation to Ireland when she travelled to Liverpool to seek an abortion”

    What the actual hell is that bull****?

    1. Eve

      My thoughts exactly. I’m so freaking glad someone is finally calling them up on their bullying bull poop. I’d even support the cases financially, but I imagine it’s a pro-bono case.
      Unbelievable torture for this poor woman, from gruesome start to cruel finish.

      1. Don Pidgeoni

        I would really like to know more about how the guards where involved in this. Did they fly over there and physically bring her back? Did they ask the UK police to get her? I mean its unbelievable and unacceptable to treat someone like this.

        1. Ms Piggy

          Because she is/was an asylum seeker (I don’t know the details of her situation, but she definitely didn’t have freedom of movement) my best guess is that she was stopped at Liverpool by UK police who would have a) denied her entry to the UK and b) requested the Guards’ assistance in returning her to Ireland as that was where her journey originated. I hasten to add that I’m not defending any of this! I just think that’s probably what happened.

  2. newsjustin

    “She had described the unborn baby as a “devil” and said she would rather die than bring it to term”

    This is (along with the rest of the case) unsettling.

    1. fluffybiscuits

      A vunerable young woman in that situation who is forced to endure carrying a foetus like she did is denied autonomy over her body which only exasperates the situation.

    2. Don Pidgeoni

      Dealing with the trauma of being raped is tough enough without then being forced to have your rapist’s kid against your expressed will. No wonder she felt horrified by it.

    3. Jane

      Yes, why couldn’t see it as a cute ikkle baba when she was being slowly tortured by the state for the crime of being raped?

        1. Jane

          What was she guilty of? Being a woman? Having a crime committed against her person? Ending up in a country with such a brutal approach to human rights for women? I can promise you, it’s far, far easier to sentimentalise a foetus when it’s not you carrying it and being abused for doing so. Obviously, empathy is hard to come by for women in situations like this, but heaven forbid you ever have to face what she was facing. Being pregnant is hard enough when the baby is wanted. Being a stranger in a (very) strange land with every right stripped from you, including the right control your own body after a rape would be an horrendous experience, is an unbelievable level of hardship.

          That she couldn’t be cooing over the foetus that was the legacy of a rape and the reason she was forcefed on a gurney shouldn’t take too much emotional intelligence to process.

          1. rotide

            You can rest assured that she came from a country with a FAR more brutal approach to women’s rights.

          2. Don Pidgeoni

            Her original country is not known is it? But what this women went through in Ireland, your country, and one where she was seeking sanctuary but denied the right to decide what happens to her body is nothing short of horrific.

          3. rotide

            No, it’s not known.

            I stand by my original statement though.

            Not saying she didn’t go through something horrible here, just providing some reasonable counterpoint to the usual dramatic hyperbole.

          4. Don Pidgeoni

            How can you stand by your original statement if you don’t know what country it was? You’re providing some great whataboutery and very little else.

          5. Jane

            Even if she is, what of it? It’s not actually a competition to find out which country treats women worst. The fact is, she got brutal, inhumane and unconscionable treatment in this country. Her human and personal rights were trampled all over in a manner which should be considered shameful to every person here. But apparently it isn’t, because somewhere else might treat women worse, she didn’t want to continue the pregnancy and – unholy of unholies – she didn’t sentimentalise a foetus, all of which adds up to her being a bad and unnatural woman deserving of any and every violence and indignity that the state could throw at her.

          6. Don Pidgeoni

            @Jane – its very important that she understands just how lucky she was to be treated like complete cr** in a real civilised-type country, rather than the one she comes from, even though we know nothing about it.

        2. Don Pidgeoni

          It was a foetus when she wanted a termination, not a baby. it was only a baby because they forced her to have it. Don’t get all emotive.

        3. Eleanor

          *fetus. Suffering exists in the psyche, something that the woman has and the fetus does not.

    1. Kevin Lyda

      As a taxpayer who will be funding any money she wins I want to make it very clear:

      I hope she wins every single case.

      I will not begrudge a penny she’s awarded. But that doesn’t mean I support the government spending money in all cases. For instance, I will very much begrudge every single penny spent employing the horrible people who did this to her.

  3. Eve

    Reminds me that the law in the US protects the father’s (rapist) right to custody of any child resulting from a rape. There was a piece on this on Jon Stewart’s show.
    Sure, the law should protect *that* family unit, while denying others… Makes so much sense.

    1. Don Pidgeoni

      That’s not terrifying at all is it? And imagine the poor kid having to be told one day how it was born?

  4. Clampers Outside!

    If it stops our government dragging its knuckles and kicking cans down the road, it’s a good thing. Good luck to her.
    Although if she wins them all, I’ll probably be complaining about all the money she’s been compensated by the state. But hey, it’s our govt’s fault, in it.

  5. Mr. T.

    Replacing all the curse words with Famous Five alternatives makes people’s comments sound ridiculous. You need to take the poker out of your bum bums.

  6. Quisling

    All the way to ECHR, with this one. What she has gone through is nothing short of torture. Horrific, and I hope she wins every one.

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