Ring, Sinéad (2015) Abortion Law in Ireland: A Model for Change. Feminists at Law, 5 (1). pp. 1-32. ISSN 2041- 9551
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Abstract
Ireland has some of the most restrictive abortion laws in the world. Abortion has been criminalised
since 1861, and the passage of the 8th Amendment in 1983 introduced ‘the right to life of the unborn’
into the Constitution. The effects of the 8th Amendment are felt on a daily basis by women leaving
Ireland for abortion, by pregnant women receiving maternal care, by doctors caring for pregnant
women, and by lawyers working for the health service. As predicted by the then-Attorney General
Peter Sutherland at the time of the referendum, the 8th Amendment has introduced an uncertain and
practically unusable position to Irish law. It has, simply put, become “unliveable”.
In late 2014 Labour Women, a branch of the Irish Labour Party, established a Commission for Repeal
of the 8th Amendment. That Commission comprised three groups: a political group, a medical group,
and a group of legal experts. The authors of this paper are those legal experts. In this paper, we first
outline the legal status quo as regards abortion in Ireland before making a case for constitutional
reform. Having established the desirability of, and need for, constitutional reform we then outline the
working principles that informed our drafting of the accompanying Access to Abortion Bill 2015,
bearing in mind our intention to craft a model for reform that would be workable from the perspective
of women’s lives, medical practice, and politics. Although drafted as part of the Labour Women
Commission, and with some (limited) input from the other Commission groups, the proposed draft is
that of the authors of this paper (working within the confines of our remit as ‘legal experts’ to the
Commission) and not of the Labour Party or of Labour Women. It is made available here for
discussion, debate and development by all interested parties.
Item Type: | Article |
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Keywords: | abortion; reproductive justice; Ireland; constitutional law; criminal law; healthcare; |
Academic Unit: | Faculty of Social Sciences > Law |
Item ID: | 15312 |
Identification Number: | 10.22024/UniKent/03/fal.173 |
Depositing User: | Sinead Ring |
Date Deposited: | 27 Jan 2022 11:21 |
Journal or Publication Title: | Feminists at Law |
Publisher: | University of Kent |
Refereed: | Yes |
Related URLs: | |
URI: | https://mu.eprints-hosting.org/id/eprint/15312 |
Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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