Abortion law in Ireland

Background

Traditionally influenced by the Catholic Church.

•Up to the 1970s Irish law in the area of the right to life was influenced by Catholic teachings: in cases where there was a decision between the mother's life and the baby, the baby must be saved.

The eight amendment

1983: This led to a referendum and the enactment of the Eight Amendment to the Irish Constitution (confirming that abortion is illegal in Ireland

The 1990s: The X Case

14-year old girl was raped and got pregnant. She wished to travel for an abortion. She claimed she was suicidal. SC held the threat of suicide was a 'real and substantial danger'. Was allowed to travel for abortion; and could have one in Ireland if requested.

•Amendment on this rejected so this ruling remained precedent in Ireland for some time.

2013: Savita Halappanavar

Savita suffered complications in pregnancy; it was inevitable that the baby would miscarry. Savita requested an abortion but was denied it while there were still a foetal heartbeat. She delivered a still born daughter; she later died herself.

The Protection of Life During Pregnancy Act 2013

Put into law the X Case: all aspects, including suicide ideation. Therefore a woman could get a legal abortion if:

there is a 'real and substantial risk of loss of the woman's life from a physical illness or ... by way of suicide.'

To 'prove' suicidal ideation:Meet with a panel of 3 medical experts; will be deemed suicidal or not.

Recent referendum

On 25 May 2018 the Government held a referendum.

 

Thirty-sixth Amendment of the Constitution Bill 2018, would replace the Eight Amendment with the following clause:

 

Provision may be made by law for the regulation of termination of pregnancy.

Irish people voted by 66.4% to remove the Eighth Amendment, permitting the Oireachtas to legislate for the regulation of termination of pregnancy.

When it was signed in to law by the President , it superseded the 8th, 13th and 14th amendments.

Health (Regulation of Termination of Pregnancy) Bill 2018

to provide for and regulate termination of pregnancy; to make provision for reviews at the instigation of a pregnant woman, or a person on her behalf, of certain medical opinions given in respect of pregnancy; to make available without charge certain services to women for the purpose of termination of pregnancy in accordance with this Act