ANOTHER referendum to change the constitutional position on
abortion in Ireland is likely, after a report by Amnesty
International and a UN committee's call for a national vote on the
issue.
Amnesty, in its report She is Not a Criminal: The impact of
Ireland's abortion law, accuses the country of failing to
comply with international human-rights obligations, and says that
the rights of women and girls to health, equality, not being
discriminated against, privacy, information, and freedom from
torture and degrading treatment are being violated.
Although the Protection of Life During Pregnancy Act was enacted
last year, the report calls for the repeal of the Eighth Amendment
to the Constitution of 1983, which guarantees to vindicate, as far
as practicable, the equal right to life of the unborn and the
expectant mother. The report states that the amendment affords "a
privileged position to the foetus at the unacceptable expense of
the rights and lives of pregnant women and girls", and calls for
its repeal.
The report is part of Amnesty's international campaign "My Body,
My Rights", and follows research and interviews in Ireland and the
UK over the past year. It cites a case in which a mother died
because of the uncertainty of the terms of the Act on health
grounds, and medical intervention came too late to save her
life.
The Master of the National Maternity Hospital in Dublin, Dr
Rhona Mahony, said at the launch of the report that clinical
decisions whether abortion is the only way to save a pregnant
woman's life were difficult, and framed in a criminal context under
which both mother and doctor could be imprisoned. The present legal
situation meant that women would, in desperation, continue to seek
abortions abroad, or unknown medications would be acquired through
the internet.
In Geneva, where an Irish government delegation has been
attending the UN Committee on Economic, Social and Cultural Rights,
the Irish Minister of State at the Department of Foreign Affairs,
Sean Sherlock, was told that a referendum on abortion must take
place to ensure that Irish women and girls could fully realise
their economic, social, and cultural rights. The committee chairman
also questioned the relationship between Church and State, which he
described as seeming "a little bit fuzzy".
Walid Sa'di, from Jordan, said: "By European standards, it is
almost sacrosanct, this division between Church and State. Your
country, Ireland, poses a unique situation. Is it a unicultural or
multicultural society? It seems to me to be more a unicultural
society. If so, what happens to minorities in your country?"
Justice Ariranga Pillay, acting as special rapporteur for
Ireland, said that "according to your answers about why the
abortion law cannot comply with the International Covenant
standards, you said this is because of the constitutional
protection for the unborn foetus. If this is the case, why have you
not had a referendum? Why have you not answered this?"
Against the backdrop of a rise in the number of women from
Ireland travelling to other countries to have abortions in the past
year - a conservative estimate is that 3735 travelled to the UK -
another referendum on this contentious issue for the Irish
electorate seems inevitable, although the current coalition
government, which has less than a year to run, has no appetite for
such a move, and it will be up to an incoming administration to
resolve.
In Northern Ireland, Belfast High Court was told on Monday that
the province's abortion legislation contravened the European
Convention on Human Rights. The Northern Ireland Human Rights
Commission is calling on the law rather than the Northern Executive
to ensure that abortion is made available in cases of rape, incest,
or foetal abnormality.