‘X’ case

Court case in the Republic of Ireland in 1992, concerning a 14-year-old girl who was being prevented by the state from leaving the country to seek an abortion, despite her suicide threats. She had been raped, and her father had enquired whether evidence from the abortion should be retained to aid charges against the accused, leading to intervention by the attorney general and an injunction on her travel for nine months. Following a supreme court ruling, which favoured the right of a woman to travel to obtain an abortion, the injunction was lifted. The case led to further referendums on abortion and strained the Labour–Fianna Fáil coalition.

The motives of the attorney general, Harry Whelehan, were questioned, but he claimed to be merely acting in his role as guardian of the 1937 constitution. Having received indication from the girl's parents that she would be seeking an abortion, the attorney general had applied to the high court to obtain an injunction, and the Garda (Irish police) were instructed to prevent the child from leaving the country. As the girl was already in England, the injunction imposed a fine or imprisonment on her parents to secure her return.

The case was referred to the supreme court, which indicated that a pro-life amendment to the constitution inserted in 1983, did allow a woman to travel to obtain an abortion, and cited the right to freedom of movement under European Union (EU) legislation. The case prompted three referendums later the same year on the right to travel, right to information, and right to abortion in the Republic of Ireland, the first two of which were passed. However, it is expected that even these amendments have not finally ended the abortion debate. The ‘X’ case also led to criticism of the supreme court, whose judgement seemed to change the meaning of the 1983 amendment.