During the discussion of Ireland`s abortion laws in October 2017, the Oireachtas Eighth Amendment Committee heard from Sabaratnam Arulkumaran, Emeritus Professor of Obstetrics and Gynaecology at St. George`s University in London. He is the author of the HSE report on Savita`s death. The 31-year-old dentist died on 28 October 2012 at Galway University Hospital. She was 17 weeks pregnant. The cause of death was recorded as severe sepsis, E. coli in the blood and miscarriage at 17 weeks. After three women filed a lawsuit against Ireland, the European Court of Human Rights ruled that the state had failed to clarify the legal availability of abortions in circumstances where the mother`s life is in danger. What happened in the 35 years since the referendum in Ireland was a struggle to legalise abortion.
It included several court cases, proposed constitutional amendments and intensive advocacy that culminated in another referendum in 2018 that amended the Irish constitution to legalize abortion up to the 12th week of pregnancy. A citizens` assembly was set up by the government in 2016 to discuss a number of issues. After five sessions on the Eighth Amendment, he voted for a constitutional amendment allowing the Oireachtas to pass abortion laws. He also voted on the provisions he would support in this bill. [67] The Assembly`s report was forwarded to the Joint Committee of the Oireachtas on the Eighth Amendment to the Constitution. [68] The Committee presented its report in December 2017 and the report was debated in both Houses of the Oireachtas in January 2018. In August 1997, a 13-year-old girl was raped and pregnant. She was suicidal because of pregnancy, and the Supreme Court ruled in Case C that the Eastern Health Board could arrange her travel to the UK for an abortion against her parents` wishes.
[41] [42] Procedures for access to abortion after 12 weeks for severe fetal abnormalities also impose impractical restrictions on physicians. This can lead to denying abortion to women in serious circumstances. The referendum result came after extensive social media campaigns coordinated by civil society organisation Together For Yes. [69] The influence of using social media as a voice for change reminded voters how “local” the abortion issue was in Ireland, giving women the right to be heard openly in the national media. [70] Another strength of the “feminist campaign” has been the positioning of women from the private to the public sphere. By using social media to present stories to the public, emotions were mobilized as a form of “political resistance” to shed light on the potential harm a “no” vote could cause. [71] [72] Estimates of the number of Irish women having abortions in Britain vary. Since the passage of the Thirteenth Amendment (travel) in 1992, the right to travel for an abortion has enjoyed constitutional protection. In 2016, 3,265 Irish women were registered with abortions in the UK. [18] In some cases, women who travel do so with the help of the Abortion Support Network, which enacted the Protection of Life During Pregnancy Act, which legalizes abortion when doctors believe a woman`s life is in danger due to medical complications or when she is at risk of suicide.
January 2014: On 1 January, the Protection of Life during Pregnancy Act 2013 is promulgated by decree. The law maintains the criminalisation of abortion in Ireland and only allows abortion if a pregnant woman`s life is in danger. The corresponding sections of the Offences Against the Person Act 1861 are repealed by the Act. It also carries a maximum penalty of 14 years` imprisonment for performing or aiding and abetting an illegal abortion. In 2014, Ms. Y, a suicidal refugee youth, was denied an abortion under the law. She went on hunger strike. The baby eventually delivered by caesarean section.
[56] Undem stated that continued coverage penetrating local news could raise awareness of the consequences of Roe`s overthrow, which, in turn, could lead them to become more involved in the issue. For example, a Gallup poll conducted between May 2 and May 22 found that the percentage of Americans who identify as pro-choice has increased by 6 percentage points to 55% since May 2021. Much of this shift has been driven by more Democratic, Democratic-oriented groups, such as young adults and women, who have identified as such; Yet more Americans than not said they wanted abortion to be legal under all or most circumstances. In 1992, in case X, the Attorney General sought an injunction to prevent a thirteen-year-old girl who had been raped from obtaining an abortion in England, which was approved by the Supreme Court under Justice Declan Costello. In the appeal to the Supreme Court, this decision was overturned on the grounds that the girl was suicidal and therefore it was permissible to intervene to save her life. Halappanavar`s tragic and needless death was certainly a catalyst for the referendum, but it was far from the only one. Ireland has a long and complicated history of access to abortion, ranging from a total ban to a (poor) balance between the life of the fetus and that of the woman and – as the 2018 referendum allowed – the full acceptance of abortion up to the 12th week of pregnancy. During Ireland`s second Universal Periodic Review, the country`s restrictive abortion laws were the main concern of UN member states. 15 countries are making recommendations to reform Ireland`s abortion laws: Czech Republic, Denmark, Germany, Iceland, India, Lithuania, Netherlands, Norway, Slovakia, Slovenia, Sweden, Switzerland, The former Yugoslav Republic of Macedonia and Uruguay. The United States, France and Canada also make recommendations on sexual and reproductive health and rights. But the realities of life before Roe lie in the distant past for most Americans. “People just don`t believe [the worst stories],” said Mary Ziegler, a professor at Florida State University School of Law.
“And if they believe that, they don`t understand what it`s going to be because they`ve never experienced it.” Stories that really change people`s minds are often extreme, she said. In the years leading up to 2018, protests took place in Ireland to remove the Eighth Amendment. The government has set a tentative timetable for early summer 2018 for a referendum on the section of the state constitution that imposes strict legal restrictions on dismissals. However, it is possible that movements to expand abortion rights around the world will provide a glimpse of what is possible for the United States. After all, abortion rights have recently expanded to Ireland, Northern Ireland, South Korea, Thailand, Mexico, Colombia, and other countries around the world, and the reproductive justice movement has also picked up in many states. For example, those who want an abortion must observe a three-day waiting period after requesting an abortion and confirming the gestational age of the pregnancy by a doctor. There is no exception in the law for a person who exceeds or exceeds the 12-week limit during this waiting period while waiting for further tests prescribed by a doctor. She said she was “particularly concerned about the criminalization of abortion, including in cases of rape and incest, and the risk to the health of a pregnant woman; lack of legal and procedural clarity as to what constitutes a real material threat to the pregnant woman`s life as opposed to health; and the discriminatory impact on women who cannot afford abortions abroad or access to necessary information.” Between 2010 and 2012, 1,642 women ordered abortion pills via the Women on Web internet and had abortions at home in Ireland. [16] The pills are illegal in Ireland and customs occasionally seize shipments. [17] Issue 1: The delays and a mandatory waiting period will mean that some people will still be forced to travel illegally or introduce abortion pills.
This represents a remarkable change in Ireland, where a few years ago life-saving abortion was the only type of abortion. As recently as 2010, at least 12 women left Ireland every day to have abortions in English clinics. In the 1980s, the Society for the Protection of Unborn Children opposed the dissemination of information about abortion services in the United Kingdom under the provisions of Article 40.3.3º. In the proceedings brought by them, which were later changed to Attorney General, AG (SPUC) v. Open Door Counselling Ltd. and Dublin Wellwoman Centre Ltd. (1988), the High Court issued an injunction prohibiting two counselling centres from assisting women to travel abroad for abortions or from informing them of the methods of communication with these clinics. SPUC v.
Grogan and SPUC v. Coogan targeted student unions and sought to ban them from disseminating information about abortion in the UK. The statement, which can be read here, was made in the context of the case of Siobhán Whelan, who was denied an abortion in 2010 after being diagnosed with a fatal fetal abnormality.