Information Note on the Court’s case-law 228
April 2019
Farrell v. Ireland (communicated case) - 62007/17
Article 3
Degrading treatment
Inhuman treatment
Use of surgical symphysiotomy in Irish maternity hospitals: communicated
Article 8
Article 8-1
Respect for private life
Use of surgical symphysiotomy in Irish maternity hospitals: communicated
A symphysiotomy is a surgical procedure that involves partially cutting through the fibres of the pubis symphysis (the joint uniting the pubic bones) so as to enlarge the capacity of the pelvis. The procedure allows the pubis symphysis to separate as to facilitate natural childbirth where there is a mechanical problem. Symphysiotomy was first used in the eighteenth century for selected cases of obstructed labour. Although its use continued to be indicated in certain specific situations, by the mid-twentieth century it had largely been abandoned in Western Europe, due, in large part, to the fact that caesarean sections had become much safer. In the 1940s, however, the practice was reintroduced in certain Irish maternity hospitals and it continued to be used there, to varying degrees, until the mid-1980s.
Concerns regarding the prevalence of symphysiotomies in these maternity hospitals and the long-term effects of the procedure emerged in 2001. Many women who had undergone the procedure reported chronic health problems. There was believed to be a strong correlation between the use of the procedure and the acceptance of Catholic doctrine regarding sterilisation and contraception. Following a number of reports on the practice, the Minister for Health announced the establishment of an ex gratia payment scheme offering compensation to women who had undergone a surgical symphysiotomy or pubiotomy in any hospital in Ireland between 1940 and 1990.
The applicant complains that she was precluded from making any complaint before the domestic courts about the performance of a symphysiotomy without her free, full and informed consent. She further complains under Article 3 that there has never been an independent and thorough investigation into the practice of symphysiotomy in Ireland.
Communicated under Articles 3 and 8 of the Convention.
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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