Abortion Legal in Ireland

Before Judge Samuel Alito`s majority opinion piece in Dobbs v. Jackson Women`s Health Organization was leaked in May, most Americans didn`t think Roe v. Wade would probably be overthrown. The nearly 50-year-old precedent that established the constitutional right to abortion had created a kind of complacency in the status quo, which meant that most Americans, Democrats and Republicans alike, did not believe that Roe was in serious danger of no longer being the law of the land. Ireland`s anti-abortion laws were among the most restrictive in the world.2 From 1983 to 2018, “the right to life of the unborn child” corresponded to the “mother`s right to life,” and the state was empowered to “defend and defend that right.” This was enshrined in the Eighth Amendment to the Irish Constitution, which was approved by two-thirds of voters in a referendum in 1983. In addition, under Irish law, performing or obtaining an abortion was punishable by up to 14 years in prison. With the entry into force of the Health (Regulation of Termination of Pregnancy) Act, the Protection of Life during Pregnancy Act 2013 was repealed. Articles 7 and 8 of the 2013 Act provide for the legal termination of pregnancies in the event of a risk of loss of life due to physical illness, while Article 9 provides for the legal termination of pregnancies in the event of a risk of loss of life due to suicide. Sections 58 and 59 of the Offences Against the Person Act 1861 have been repealed and effectively replaced by the offence of intentional destruction of unborn human life as defined in section 22, which may be punishable by fourteen years` imprisonment.

The laws in Northern Ireland were even stricter. Although the UK Abortion Act 1967 established the right to abortion up to 24 weeks after pregnancy and later in certain circumstances, the devolved government of Northern Ireland did not pass the legislation and, under the law, anyone who had an abortion could be punished with life imprisonment. A 1988 case against a group of clinics that offered abortion advice made it illegal for anyone to counsel or support a woman who wanted to travel abroad for an abortion. Some women circumvented these restrictions by “shopping” in the UK, while others died without the means or ability to travel because they were forced to carry a fetus. For example, people seeking an abortion must meet a three-day waiting period after requesting an abortion and having the gestational age of the pregnancy certified by a doctor. There is no exception in the law for someone who exceeds or exceeds the 12-week limit during this waiting period while waiting for further tests prescribed by a doctor. Inform Choices NI offers unbiased pregnancy advice, which includes pregnancy information. If the pregnancy of your pregnancy is less than 9 weeks and 6 days, contact Informing Choices Northern Ireland for treatment in Ni. If your pregnancy lasts more than 10 weeks or you cannot be treated on site, you can have a free abortion in England by calling 0333 234 2184 to make a reservation. The achievements of ireland`s new law are clear: it provides free, safe and legal abortion to most people who need it. The new law allows abortion on demand for 12 weeks and more than 12 weeks in a few very limited circumstances.

This is a service run by family doctors with additional services in sexual and reproductive health clinics. Abortion is now performed by more than 300 primary care doctors and ten of the country`s 19 maternity hospitals. It was probably not the only time someone suffered or even died because they had been denied abortion in Ireland. But the publicity surrounding the case sparked a new wave of activism to repeal the Eighth Amendment. In 2013, the Protection of Life during Pregnancy Act was enacted, which did not completely repeal the Eighth Amendment, but legalized abortions that would protect the mother`s life. July 2016: A private member`s bill on abortion in the event of a fatal fetal abnormality is defeated by 95 votes to 45. January 2016: The UN Committee on the Rights of the Child (CRC) raises a number of concerns about the impact of Ireland`s abortion laws on girls` human rights. Her latest observations recommend to the government: In 2005, Dr. Rebecca Gomperts founded Women on Web, a non-profit group that provides advice to anyone in the world who is seeking an abortion who cannot obtain one legally or safely, and provides the medications they need to manage a home abortion themselves.

Studies have shown that women in Ireland started using Women on Web and similar services and were happy and relieved to be able to terminate their pregnancy without having to travel abroad. They would also recommend these services to friends. The increase in medical abortions has shown how easy and safe abortions can be. When the referendum to repeal the Eighth Amendment was passed in 2018, it received 66.4% of the vote. The girl`s case sparked widespread protests both for and against the right to abortion, but in the end, de Londras said: “This was perhaps the first time that society as a whole understood the extent of the restriction that the Eighth Amendment actually created in Irish law. As a result of this case, the 1992 referendums concluded that Irish citizens could not be prevented from travelling abroad for a legal abortion or from learning more about abortion services in other countries. The HSE has an unplanned pregnancy support service called My Options to provide information about the ongoing pregnancy and access to abortion in Ireland. From 22 October, abortion will be decriminalised in Northern Ireland. Anyone who has access to an abortion service, including abortion pills, will not be prosecuted.

June 2016: The UN Human Rights Committee notes that Ireland`s abortion laws violated Amanda Mellet`s right not to be subjected to cruel, inhuman or degrading treatment, as well as her right to privacy. In August 1997, a 13-year-old girl was raped and became pregnant. She was suicidal because of the pregnancy, and the High Court ruled in case C that the Eastern Health Board could arrange her trip to the UK for an abortion against her parents` wishes. [41] [42] Another turning point occurred in 2012, when Savita Halappanavar, a 31-year-old dentist, miscarried in a hospital but was denied an abortion because a fetal heartbeat could still be detected. Despite her requests for treatment lasting several days, she developed sepsis, suffered from multi-organ failure and died of cardiac arrest. Doctors almost certainly misunderstood the law, but Halappanavar`s death gave more women in Ireland the opportunity to talk about pregnancy care and abortions, and movements began where women could share their stories anonymously. July 2014: The United Nations Human Rights Committee (HRC) criticises Ireland`s abortion laws and pushes for legislative and constitutional changes to bring these laws into line with human rights standards. The 2018 Irish referendum, which legalized abortion, was hailed as a victory by abortion rights activists and seen as a beacon of hope in the United States after the overthrow of Roe v. Wade. The result was a remarkable turning point for Ireland, a deeply Catholic country that enshrined the criminalization of abortion in 1861 and incorporated this law into its constitution in 1983. “Decriminalize abortion in all circumstances and review its legislation to ensure children`s access to safe abortion and post-abortion care services; and ensure that the views of the pregnant girl are always heard and respected when making abortion decisions.

CONTINUE READING: What`s next for abortion rights after the Supreme Court leak? Is the United States now following the same path as Ireland once did? The laws that will come into effect in many states if Roe is overthrown are extreme and unpopular. Thirteen states would ban abortions immediately or within a few weeks, although all 13 states make some sort of exception for the life and health of the mother. However, many make no exceptions in cases of rape or incest, according to a New York Times analysis. And the Center for Reproductive Rights noted that overthrowing or weakening Roe would effectively ban abortion in 24 states and three U.S. territories, even if local laws don`t explicitly prohibit it. In 2005, two Irish women and a Lithuanian woman[44] who had already travelled to England for an abortion filed a complaint with the European Court of Human Rights, claiming that Ireland`s restrictive and unclear laws violated several provisions of the European Convention on Human Rights. Cases A, B and C v Ireland were heard before the Grand Chamber of the Court on 9 December 2009 and decided on 16 December 2010. In that case, the court ruled that the rights of the first two women had not been violated by forcing them to travel because Irish law “legitimately sought to protect public morality.” [44] The European Court of Human Rights has also found that Irish law strikes the right balance between women`s rights to privacy and the rights of the unborn child, although it found that Ireland had violated the Convention by failing to provide an accessible and effective procedure for a woman to determine whether she was eligible for a legal abortion under Irish law. applicable.