21 years since the X Case Ruling, the Irish Government has finally introduced legislation to provide for life-saving terminations. However, instead of protecting women, it has made the route to their constitutional right to be so arduous that it effectively encourages them to continue to travel abroad even when legally entitled to a termination in this country.
For the first time in Irish law, this Act defines ‘unborn human life’ which was given an equal right to life to that of the woman, as a fertilised ovum from the moment of implantation. Consequently this bill does not offer the right to choose a termination to women in Ireland who are pregnant with a diagnosis of fatal foetal abnormality. It makes no provision for abortion in cases of rape or incest, during an inevitable miscarriage while there is still a foetalheartbeat, nor indeed does it serve the needs of women whose health is at risk if a pregnancy is continued.
Orlaith Reidy of Galway Pro-Choice stated:
“Forcing women who are suicidal to face panels of between 3 to 7 medical professionals is such an ordeal in itself that women entitled to a legal abortion here will continue to travel abroad, rendering the legislation ineffective. There is also no provision to ensure those against terminations in all circumstances cannot sit on these decision making panels raising the possibility of a woman not being granted a termination regardless of her case including if there is a genuine risk to her life.”
Savita Halappanavar died in Galway University Hospital after being denied a termination of an inevitable miscarriage. The inquest into her death found that had she been granted it when she made the request, she would most likely still be alive today. T.D’s, including five from Galway voted against this legislation as they believe it is too broad and will equate to ‘abortion on demand’. Yet this legislation is so incredibly narrow it would not have saved Savita’s life.
Dette Mc Loughlin of Galway Pro-Choice said:
“Under the bill ‘illegal’ abortion continues to be a criminal offense, carrying a 14 year prison sentence for the woman, and also for a doctor that performs such a termination, putting undue pressure on medics. This will affect only the most vulnerable women; mostly the thousands who order abortion pills online and take them without medical supervision. This will have potentially devastating consequences as women will be afraid to seek the medical care they require.”
Galway Pro-Choice concludes that we now must move towards repealing the 8th amendment (Article 40.3.3 of the constitution) to deliver what women in Ireland need and deserve, and the majority of people in Ireland support. We, along with other groups in Ireland, are calling for a referendum to repeal the 8th amendment and will be launching our campaign with a public meeting at the end of the month.