'She had no choice': High Court told Philomena Lee did not consent to her son being adopted

Philomena Lee and Judi Dench on the set of Philomena which was released in 2013 Image: Alamy Stock Photo Philomena Lee and Judi Dench on the set of Philomena which was released in 2013 Image: Alamy Stock Photo Updated 5 hours ago

Lee and fellow survivor Mary Harney are among several women taking legal action against the State following the publication of the final report of the Commission of Investigation into Mother and Baby Homes earlier this year. Their two legal challenges are being used as test cases which will set a precedent for future similar cases.

“That is an incomplete, inaccurate picture of what was going on,” Lynn said yesterday, later adding: “At a minimum, [Lee] should have had an opportunity to address that [with the Commission].” Lynn told the court that if the Commission had given Lee the right to reply before its final report was published, she would have “clarified” her position. He added that Lee’s statement “notes the nun didn’t give her a choice” and told her that “her son was going to be adopted”.

If people to whom the report was delivered have drawn that conclusion, it clearly illustrates that Ms Lee’s position has ultimately been misrepresented on an event that was life-defining for her – and that’s probably putting it mildly – and for her son. Lynn said this “misinterpretation” of Lee’s testimony highlights that some of the Commission’s findings represent an “inaccurate report on grave historical human rights violations”.

The draft report must be accompanied by a notice from the commission specifying the time allowed for making— applications to the Court under section 35 . apply to the Court for an order directing that the draft be amended before the submission of the report to the specified Minister.”Lee and Harney’s legal teams are arguing that the Commission’s failure to give them a right to reply breaches these sections of the 2004 Act, as well as the women’s fundamental rights under the Irish Constitution and European Convention on Human Rights.

McCullough said that if the court decides that Lee and Harney are indeed identifiable in the report and should have been given a right to reply before the document was published, the “maximum relief is limited to a declaration that the Commission failed to furnish them will relevant parts of report in advance”, adding “even that is discretionary”.

Whenever will they do right by these women. How much longer are they going to drag it out.

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Mother and Baby Homes: High Court to hear cases as Philomena Lee and others challenge reportHigh Court to hear test cases today as Philomena Lee and Mary Harney challenge Mother and Baby Homes report Be grateful you weren't starving on the streets instead of having a roof and food .
Source: thejournal_ie - 🏆 32. / 50 Read more »

'Gardaí returned women who escaped': Philomena Lee & Mary Harney challenge Commission in High Court'Gardaí returned women who escaped': Philomena Lee & Mary Harney challenge report of MotherAndBabyHomes Commission in High Court, orlaryan writes Complicit. Cinnte. Bris an Dialathas. I heard this many times from the women in my local area. Another was when they went to the priest for advice because the husband beat them senseless and drank their wages, were told to go home for the sake of their children. In other words that's your lot in life so suck it up.
Source: thejournal_ie - 🏆 32. / 50 Read more »