Tuesday, October 21, 2008
JOINT LETTER TO BRITISH MP'S URGING SUPPORT FOR AMENDMENT 30
You may be aware that abortion on the island of Ireland, both in Northern Ireland and the Republic of Ireland is governed by the 1861 Offences Against the Person Act. We believe that it is now time to end an 1861 Victorian response to the 21st century issue of abortion, and ensure that wider international developments in medicine, science and ethics are reflected in amendments to the 1967 Abortion Act.
We support a guarantee for the full enjoyment of the human rights of women in Northern Ireland in this area of sexual health and reproductive rights. We fully support the policy of the British Medical Association, which in its Annual Representative Meeting in 2003 supports the extension of the 1967 Abortion Act to Northern Ireland.
As NGOs and individuals working in Ireland, we have witnessed the financial, emotional and health consequences for women caused by laws that deny access to abortion services on the island of Ireland. Significantly international evidence shows that countries which criminalise abortion, as Ireland does, only pushes women into accessing unsafe and life threatening illegal abortions.
The law in Ireland (both in Northern Ireland and in the Republic) allows for abortion when the life of the woman is in danger. In practice, however, abortion is unavailable in Ireland in almost all circumstances due to ambiguity about when a physician may legally perform a life-saving operation. The law also fails to make any provision for a woman who is pregnant as a result of rape or incest, experiencing severe fetal abnormality, or at risk of permanent bodily harm such as blindness, diabetes, kidney or heart disease.
Official figures show that over 7,000 women per year travel to England for abortions from the island of Ireland. This figure is based upon the number of women providing Irish addresses (from the Republic and Northern Ireland) and vastly undercounts the actual number of women travelling, some of whom may give false addresses in England or travel to other countries like Belgium and the Netherlands.
On a daily basis our we witness how a woman's age, her emotional state, and her other life circumstances affect her decision whether to carry a pregnancy to term and her ability to do so. Yet the laws restricting abortion disregard all such factors.
Pregnant women with a fetal abnormality face an added burden. These women often have wanted pregnancies and are extremely distressed. A woman, who is treated in an abortion clinic abroad or by an illegal provider, is unable to access vital genetic analysis of fetal remains to determine implications for future pregnancies. We are aware that some women attempt to bring fetal remains back to Ireland for genetic testing or to bury the foetus in a family gravesite in Ireland. Due to a combination of stigma and a lack of information, these women sometimes smuggle the remains home after an abortion abroad.
A challenge to Ireland's ban on abortion brought by three women who had been forced to travel to England to obtain abortion services necessary to protect their health and well-being is now pending before the European Court of Human Rights and known as ABC v Ireland. Likewise, the ban on abortion in Northern Ireland has been the subject of judicial inquiry. See Family Planning Association in Northern Ireland v. Minister for Health 2004.
We believe that abortion is an intimate aspect of private life, intricately linked with a woman's sexual rights, the right to control her own body, and the liberty and security of her person. These values are unacceptably infringed upon by the forced continuation of pregnancy.
The full body of international law and the authoritative interpretations of this law as provided by international and regional bodies compel the conclusion that, in order for women and girls to exercise and enjoy their human rights fully, a number of conditions related to reproductive and sexual health policy and law must be present.
We would urge you to support Amendment 30 to the Human Fertilisation and Embryology Bill to extend the 1967 Abortion Act to Northern Ireland.
Dr Mary Muldowney
Alliance for Choice, Republic of Ireland
Helen Keys, Spokesperson
Choice Ireland
Dr Sandra McAvoy
Cork Women’s Right to Choose Group
Dr Mary Favier
Doctors for Choice in Ireland
Alison Begas, Chief Executive,
Dublin Well Woman Centre
Niall Behan, Chief Executive,
Irish Family Planning Association
Proinsias De Rossa MEP, Labour,
Member of European Parliament for Dublin
Senator Ivana Bacik, Independent,
Member of Seanad Eireann,
Reid Professor of Law, Trinity College Dublin
Karen Kiernan, Director,
One Family
Catherine Forde BL, Spokesperson,
Safe and Legal in Ireland Abortion Rights Campaign
Rhonda Donaghy, Trade Union Organiser,
SIPTU
Mags O'Brien, Trade Union Tutor,
SIPTU
Keith O'Brien, Welfare Officer,
University College Cork
Linda Kelly, Equality Officer
Union of Students in Ireland
Anthony Muldoon, Welfare Officer,
Union of Students in Ireland
Dr Geraldine Moane
Senior Lecturer, School of Psychology,
University College Dublin
Margaret Martin, Director
Women's Aid
Wednesday, October 1, 2008
Tuesday, July 29, 2008
Judge withdraws from Irish abortion hearing
CARL O'BRIEN, Social Affairs Correspondent
Tuesday, July 29 2008
THE IRISH judge appointed to the European Court of Human Rights is to withdraw from hearing a forthcoming case involving three women living in Ireland who are challenging the State’s ban on abortion.
Dr Ann Power SC, who was appointed to the court earlier this year, will be replaced by the Supreme Court judge Mr Justice Nicholas Kearns. The court did not say why Dr Power had withdrawn except that she had done so in accordance with rule 28 of the court. This states, among other things, that judges may not take part in the consideration of any case where they have a personal interest or where they have previously acted as an adviser, advocate of a party which has an interest in the case.
Dr Power has previously represented the Irish Bishops’ Conference at an Oireachtas hearing on abortion. The group strongly supports a constitutional ban on abortion which would guarantee the right to life of the unborn child.
No date has been set for the case to be heard involving the three women, although it is likely to be within the next year.
As many as 17 judges may sit on an individual case if it is heard in public before the court’s grand chamber.
The case involving the three women is being contested on the basis that their human rights were infringed by being forced to terminate their pregnancies outside the State. The identity of the three women – known as A, B and C – will remain confidential as it proceeds through the court.
They include a woman who ran the risk of an ectopic pregnancy, where the foetus develops outside the womb; a woman who received chemotherapy for cancer; and a woman with addiction problems whose children were placed in care. Their complaint centres around four articles in the European Convention on Human Rights, including protection from “inhuman or degrading treatment” and freedom from discrimination.
The Irish Family Planning Association, which is supporting the case as part of its campaign to introduce legal abortion services in Ireland , said the grounds on which the case is being taken are “very strong”. The association said it was pleased the case was now progressing and it understood that the Government has been invited to respond to the complaints lodged by each of the three women before the end of September.
Once the Government has submitted its response, the association – together with the three women and their legal team – will be invited to consider and comment on what has been presented.
A spokesperson for the association said: “We are hopeful that the court will issue a positive recommendation in favour of the three women. This will bring pressure to bear on the Government to reform Irish abortion laws.”
The campaign to liberalise abortion law is opposed by anti-abortion groups which argue that a new constitutional amendment is needed to prohibit abortion. They say there is a need to restore legal protection for unborn children after the 1992 Supreme Court decision in the X case, which legalised abortion in certain circumstances.
Monday, July 28, 2008
European court to hear women's challenge to ban on abortion
CARL O'BRIEN, Social Affairs Correspondent
Mon, Jul 28, 2008
THE EUROPEAN Court of Human Rights has agreed to hear a challenge by three Irish women to the Government's ban on abortion on the basis that their rights were denied by being forced to terminate their pregnancies outside the State.
The women claim the restrictive nature of Irish law on abortion jeopardised their health and their wellbeing. Their complaint centres around four articles in the European Convention on Human Rights, including protection from "inhuman or degrading treatment" and
freedom from discrimination.
The identity of the three women – known as A, B and C – will remain confidential as it proceeds through the court.
They include a woman who ran the risk of an ectopic pregnancy, where the foetus develops outside the womb; a woman who received chemotherapy for cancer; and a woman whose children were placed in care as she was unable to cope.
The Irish Family Planning Association (IFPA), which is supporting the case as part of its campaign to introduce legal abortion services in Ireland, said the grounds on which the case is being taken are "very strong".
"We hope the case will advance quickly through the court, ultimately making a strong recommendation to the Government to reform Irish laws and the current status quo on abortion," a spokesperson said.
The Government has been asked by the court to indicate who they wish to sit as a judge in the case and to submit its observations to the Strasbourg-based court.
The case was originally lodged with the court three years ago. However, the court has in recent weeks requested written observations from the Government and the women involved.
Any decision of the court is binding on the member states and must be complied with, except in very limited circumstances.
The court can decide to hold a public hearing, which would be likely to be held in the middle of next year. Alternatively, the court may review the case in paper format, followed by a public ruling, which could occur more quickly.
The IFPA says the case has the potential to contribute to a change in the law, just as the 1988 Norris case resulted in the decriminalisation of homosexuality.
It points to a ruling by the court two years ago which resulted in Poland being instructed to guarantee access to legal abortions.
It awarded damages to Alicia Tysiac, a 36-year-old woman who had sought an abortion when her doctor warned that giving birth again would seriously damage her already failing eyesight.
She was unable to terminate the pregnancy. After giving birth, she suffered a retinal haemorrhage, and her sight deteriorated drastically.
Anti-abortion groups here, meanwhile, argue that a new constitutional amendment is needed to prohibit abortion.
They say there is a need to restore legal protection for unborn children as a result of the 1992 Supreme Court decision in the X case, which legalised abortion in certain circumstances.
© 2008 The Irish Times
Monday, July 21, 2008
Abortion in Northern Ireland
Date: Thursday, July 17, 2008
Source: Irish News
Author: Seanin Graham
A landmark legal battle launched seven years ago about abortion services in Northern Ireland has led to the first ever public consultation on the issue. The Department of Health yesterday published a 20-page 'guidance' document on the laws and clinical practices relating to the procedure, which remains strictly limited to women whose physical or mental health may be seriously damaged by the pregnancy. It insists existing laws on abortion in the north will not be changed with the report's publication.
The development stems from legal action by the Family Planning Association (FPA)in 2001, which claimed that not all women were being made aware of their rights by healthcare professionals. After the FPA won the right to a judicial review in 2004, the courts ordered the department to review the "adequacy" of services for women seeking terminations and to issue "appropriate guidance". A 10-week consultation period will now begin, allowing the public to have their say on the matter.
Abortion laws in the north differ radically from those in England, Scotland and Wales. The guidance document repeatedly states that abortion is only legal in the north if there is a "serious threat to the life of the woman" or it "would adversely affect her physical or mental health". Women seeking abortion must show that continuing their pregnancy would lead to "real and serious" risks to their health, which are "permanent or long term". Foetal abnormality is not recognised as grounds for termination, unlike in Britain.
Authors accept that the onus will be on the patient's GP to determine whether an abortion is warranted and that this will be a "difficult decision". "Each case requires careful and sensitive assessment within the law as outlined in this guidance," the paper states. "It is important for practitioners to appreciate that anyone who unlawfully performs a termination of pregnancy is liable to criminal prosecution with a maximum penalty of life imprisonment."
The guidance highlights that two doctors - if it is practical - who are familiar with the patient's medical history should make a clinical judgment on whether an abortion is legally warranted. However, it states that in an emergency "it may be sufficient" for a single doctor to assess whether a termination is appropriate.
One of the most difficult issues for medics lies in determining if the pregnancy is likely to cause long-term difficulties for the patient's physical or mental health. The paper points to specific problems in assessing women who have a history of psychiatric problems or severe learning disabilities. It recommends that a psychiatrist should be involved in the care of patients with mental health problems.
Similarly, child and adolescent psychiatrists should be involved in any assessment of under-18s suffering from mental illness. There are long waiting lists in the mental health sector in Northern Ireland, especially in child and adolescent services.
The guidance, meanwhile, states that staff who have "conscientious objections" to abortion on moral or religious grounds should have their rights "recognised and respected" - except in circumstances where the woman's life is in "immediate danger". There are no measures in place across the north's health trusts to deal with such objections and the document recommends that "appropriate arrangements" should be introduced to deal with such requests. If a doctor, nurse or midwife has an objection, they should refer the patient to another health professional. The guidance adds: "Staff with a conscientious objection cannot opt out of providing general care for women undergoing termination of pregnancy. The personal beliefs of staff should not prejudice general patient care."
Gaining patient consent and providing adequate information and services to women both before and after abortion is also dealt with in the document. Women must have "sufficient competence" to understand the procedure, and their consent must be voluntary. Counselling and support should be provided to the woman, both before and after the procedure. The guidance document notes that counselling is not a regulated activity in the north. Access to services should also be ensured for non-English-speaking women and those with speech problems, hearing impairments and physical or learning disabilities.
The Department of Health last night said the guidance "simply restates the legal position" and cannot make any changes to the law. "Health professionals involved in this area of work have told us they are uncertain about the law in relation to abortion and this guidance offers clinical advice and good practice advice to help them make informed decisions and take appropriate action," a spokesman said. "It is intended that, following consultation, the finalised guidance will be published in early October 2008."
QUESTIONS AND ANSWERS
Q: Is abortion legal in Northern Ireland?
A: Abortions are strictly limited and can only be performed if it can be proved that the pregnancy would damage the physical or mental health of the woman. Fetal abnormality is not recognised as grounds for termination in the north, unlike in Britain.
Q: What is the law in England, Wales and Scotland?
A: The 1967 Abortion Act legalised terminations up to 24 weeks of pregnancy. Women from Northern Ireland are not entitled to an NHS abortion in England.
Q. Do the 2008 guidelines on abortion for Northern Ireland change existing laws?
A: The Department of Health has said it simply restates the current legal position.
Q: How many legal abortions are carried out in Northern Ireland each year?
A: Official government figures suggest there are 70 to 80 abortions carried out annually.
Q: How many women travel to Britain for abortions?
A: An average of 1,300 women travel from Northern Ireland to England for abortions each year. The average cost is £1,000 for medical fees and travel.
Friday, June 20, 2008
Ireland Abortion Statistics
released yesterday (19th June 2008) by the National Statistics Office/UK Department of Health.
Abortion figures as they relate to the island of Ireland are as follows:
The figure for women from the Republic of Ireland having an abortion in England and Wales in 2006 was 5,062.
Previous years statistics are available at the link below for women from the Republic of Ireland:
http://www.ifpa.ie/abortion/iabst.html
Newspaper Coverage of Irish Abortion Statistics
By Eilish O'Regan Health Correspondent (Independent)
Friday June 20 2008
Hundreds of Irish women are opting to travel to the Netherlands for abortions -- although the numbers going to Britain to end their pregnancies in 2007 fell for the sixth year in a row.
Until now, the only abortion statistics for Irish women were from UK clinics and newly released figures yesterday showed 4,686 had terminations there last year. This compared with 5,042 UK abortions for Irish women in 2006 and indicates a fall for the sixth year in a row.
However, the Crisis Pregnancy Agency revealed 445 women with Irish addresses had abortions in the Netherlands last year.
"Anecdotally, the clinics have reported they have only seen a significant number of Irish women attending for abortions procedures in the Netherlands since 2006," a spokesperson said.
In 2006, there were 461 abortions carried out on Irish women in the Netherlands and 42 in the previous years. It found the numbers going to other countries such as Spain and Belgium were extremely low -- less than 10 women travelled there between 2005 and 2007.
Pregnancy clinics say cost is a factor and while an abortion in the UK can cost over €700, it can be €300 cheaper in the Netherlands.
Allowing for the trend of women going to countries other than the UK, the overall abortion trend among Irish women appears to be falling.
Increase
However, last year there was an increase in the number of Irish girls 16 years or younger having abortions in the UK -- 47 compared with 39 in 2006.
The number of women aged 40 or over who had terminations went up from 200 in 2006 to 209. There was a fall in all other age groups.
One in seven of the women who had UK abortions were more than three months pregnant at the time. As many as 2pc were five of more months into pregnancy.
Eight in 10 women had abortions at under 13 weeks gestation.
The reasons women opted for abortion rather than motherhood are not clear.
In the mid-1990s, it became legal here to give women the names and addresses of abortion clinics. Considerable investment has also be made in counselling services.
Monitored
Katherine Bulbulia, chair of the Crisis Pregnancy Agency -- the state body which funds pregnancy counselling clinics -- said it was important the numbers of women travelling to abortion clinics in countries other than the UK were monitored.
Agency director Caroline Spillane said crisis pregnancy counselling services here have been expanded by 50pc since 2001.
"The agency has seen a marked increase in the number of women who attend crisis pregnancy counselling throughout the country."
She suggested the increased take up and fall in UK abortions suggested the wider availability of services was having an impact.
Commenting on the UK figures, the Pro Life Campaign said it welcomed the Irish downward trend, pointing out the rate in England and Wales was upward.
"Despite the reduction, we must continue to do more to further reduce our abortion rate," a spokesperson
Fewer women travelling abroad for abortions
KITTY HOLLAND (Irish Times)
Friday June 20 2008
THE NUMBER of Irish women seeking abortions overseas has fallen for the sixth successive year, figures released by the Crisis Pregnancy Agency show.
The number of women giving Irish addresses at abortion clinics in Britain has fallen by almost 2,000 since 2001, to 4,686 last year. The number travelling to the Netherlands, however, has increased significantly, though the overall number has declined.
According to the agency, which began gathering data on numbers travelling to Spain, the Netherlands and Belgium since 2005, an insignificant number (fewer than 10 between 2005 and 2007) were travelling to Spain and Belgium.
However, the number of women giving Irish addresses at abortion clinics in the Netherlands increased from 42 in 2005, to 462 in 2006 and to 445 last year.
The decrease - 1,987 - in numbers travelling to Britain, from 6,673 in 2001 to 4,686 last year, means there has been an overall annual decline in women going overseas for abortions of 1,542 since 2001.
The yearly figures for those travelling to Britain are 6,673 in 2001; 6,522 in 2002; 6,320 in 2003; 6,217 in 2004; 5,585 in 2005; 5,042 in 2006.
The numbers per 1,000 women aged 15-44 travelling to Britain fell from 7.5 in 2001 to 7.2 in 2002; 6.9 in 2003; 6.7 in 2004; 5.9 in 2005; 5.2 in 2006 and 4.7 last year.
Enda Saul, spokeswoman for the agency, said there were a number of factors in the decline.
"There is the wider availability of crisis pregnancy counselling which gives women a free, safe,
non-judgmental and confidential space in which to look at all the options open to her. Also we believe more people are using contraception. It's more widely available and there are good behaviours developing."
Relationship and sexuality education in schools had improved and parents were more likely to take a role in educating their young adult children about contraception.
Referring to numbers travelling to jurisdictions other than Britain, agency chairwoman Katherine Bulbulia said it was important that a formal monitoring system be put in place to provide clarity on how many were travelling, particularly to the Netherlands.
Director Caroline Spillane said there had been a "marked increase" in the number of women availing of crisis pregnancy counselling throughout the State.
"When the take-up of the counselling is combined with the reduction in the number of women giving Irish addresses in UK abortion clinics, we can suggest that the increased awareness of crisis pregnancy and the services provided has had an impact," she said.
Ms Saul also suggested changes in attitudes to family and what constitutes a family may have contributed to women's decisions not to seek abortions.
She said there was far less stigma about being an unmarried or single mother than there had been in past decades.
The agency funds 14 crisis pregnancy counselling providers, in more than 50 centres throughout the State.
Details about crisis pregnancy counselling can be obtained by freetexting list to 50444 or visiting positiveoptions.ie
Women going to UK for abortions down to 13 a day
By Evelyn Ring (The Examiner)
Friday June 20 2008
EVERY day last year at least 13 women travelled to Britain for an abortion, new figures show.
While the number of women giving Irish addresses at British abortion clinics has been dropping since 2001, a significant number are travelling to the Netherlands for terminations.
The statistics, compiled by the Department of Health in Britain, show that 4,686 women who had an abortion last year gave an Irish address, compared with 6,673 in 2001.
The latest statistics show a decrease in the number of Irish women aged between 20 and 24 who have given Irish addresses at British abortion clinic.
A total of 1,387 women aged between 20 and 24 gave Irish addresses at abortion clinics in Britain last year, compared with 1,505 in 2006.
There were 47 girls under the age of 16 who gave Irish addresses at abortion clinics in Britain last year, compared with 39 in 2006.
Irish teen abortions, however, remain steady and are much lower than in other countries.
When the Crisis Pregnancy Agency (CPA) was established in 2001, at least 18 women were travelling every day to Britain for an abortion. At 6,673, the number was also up from 6,391 in 2000.
Other jurisdictions have noticed that Irish women have been travelling to clinics since 2006, but the CPA found that the Netherlands was the only jurisdiction that had significant numbers of women from Ireland travelling for abortion procedures.
The CPA also pointed out that the number of Irish women going to Spain and Belgium was extremely low — less than 10 women were reported to have travelled to these jurisdictions for abortion procedures between 2005 and 2007.
CPA director Caroline Spillane said the provision of free crisis pregnancy counselling had increased by 50% since the CPA was established in 2001.
She said the agency had seen a “marked increase” in the number of women attending crisis pregnancy throughout the country.
“When the take-up of counselling is combined with the reduction in the number of women giving Irish addresses, we can suggest that the increased awareness of crisis pregnancy and the services provided has had an impact,” she said.
The lobby group Pro-Life Campaign welcomed the downward trend in the number of Irish women travelling to Britain for an abortion.
“At a time when abortions in England and Wales have increased significantly, the drop in the Irish rate proves that upward trends are not inevitable,” said Pro Life spokeswoman Dr Ruth Cullen.
The statistics also show that 67% of women who gave Irish addresses had an abortion when they were between three and nine weeks pregnant, 20% were between 10 and 12 weeks, while 2% were 20 weeks or more into their pregnancy.