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”

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The Public, the Private, and the Privates: Europe’s Abortion Debate against Shifting Backgrounds

 

Sophie van den Elzen

Recurrent images of the masses of women filing through the streets of Europe’s capitals remind us that the conflict over whether to prioritize women’s right to choose or a fetus’ right to live is one at the heart of many major social debates. Not only does it chafe at the junctions between social progress and tradition, individualism and normativity, encouraging women to exercise their right to self-determination and protecting sacralized family life; the issue also serves as a pin on which politicians hang the canvases they paint of ‘their’ nations as either traditionalist religious countries respectful of their past (such as Poland under PiS) or liberal countries  pragmatically looking to the future (e.g. The Netherlands under VVD).

With Europe’s eyes glued to those countries with the most ostensibly hostile public opinions to the right to legal abortion, it is perhaps also important to glance over at those in which a woman’s right of choice is most firmly established. Continue reading “The Public, the Private, and the Privates: Europe’s Abortion Debate against Shifting Backgrounds”