Sexual and Reproductive Health and Rights: The EU’s failure on violence against women and abortion

By Agnese Olmati

Last January (2019) I had the opportunity to get in contact with the European Women’s Lobby in Brussels. There, I discussed the current situation of women’s right in the European Union, focusing on sexual and reproductive health and rights (SRHR).
The EWL, which is the biggest European network of women’s associations, aims at influencing the general public and the EU decision-makers in support of women’s human rights. It is continuously working to ensure every woman’s dignity and the respect of SRHR in the Union.
Here are some reflections following my contact with them.

Looking back at the events and debates that occurred across Europe in 2018, we are likely to notice that, on some issues, the European puzzle is rapidly falling apart. For several decades, the different puzzle pieces have been struggling to get closer through a long and demanding process of integration, but recently many of them have started to outdistance and even to crumble. Brexit was just the most evident expression of breach and disagreement, yet the EU appears quite fragmented also in other domains, including women’s rights – and especially SRHR.

Gender-based violence, surrogacy, pornography, abortion – the facets of SRHR are numerous and intricate and thus require a deep analysis. This article will concentrate on violence against women and right to abortion in Europe, as these topics have been in the limelight during the past year and have caused great disagreement among the member states, contributing to the breakdown of the puzzle.

First of all, it is important to recall the strong commitment of the EU to women’s rights. The Treaty on the European Union (TEU) upholds the principle of gender equality and non-discrimination (Article 2), whereas the Treaty on the Functioning of the European Union (TFEU) confirms the political commitment of member states to fight against all forms of domestic violence (Declaration 19 on Article 8). The Charter of Fundamental Rights warrants people’s right to dignity (Title I) and equality (Title III) and includes specific provisions on people’s right to physical and mental integrity, outlawing any form of discrimination on the grounds of sex.
These (founding) documents present concepts and positions in a dreamlike manner – but do the reality of the EU and the actions of its decision-makers correspond to them? Continue reading “Sexual and Reproductive Health and Rights: The EU’s failure on violence against women and abortion”

Why does Ireland have the EU’s strictest abortion regime? Applying and Repealing the Eighth Amendment to the Irish Constitution

 

repeal-8
A mural in Dublin calling for the repeal of the Eighth Amendment to the Constitution of Ireland, which bans abortion.

Eoghan Hughes

With a significant pro-choice victory in Poland as the country’s conservative PiS government performs a U-turn on restricting access to abortion in the case of incest, rape, fatal foetal abnormality and risk to the mother’s life, it is easy to forget that the EU still has one State in which very few of the above constitute a legitimate cause for abortion.

Last year the Republic of Ireland became the first country to legalise same sex marriage through a popular referendum with an overwhelming victory, which seemed to signal a new liberal turn in a country many people across Europe and the world associate with conservative Catholicism. Yet Ireland, despite calls from the EU, the Council of Europe and the UN, has retained one of the most restrictive abortion laws in the world, where fatal foetal abnormalities and rape are not considered legal grounds for the termination of a foetus and where, even in the cases where woman’s life would be endangered by seeing a foetus to term, a woman might be denied the necessary treatment. Enshrined in the Constitution of the Republic of Ireland (Bunreacht na hÉireann) the Eighth Amendment prevents a woman having an abortion because the foetus is considered to have an equal right to life:

“The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.” Continue reading “Why does Ireland have the EU’s strictest abortion regime? Applying and Repealing the Eighth Amendment to the Irish Constitution”