Protection of Life During Pregnancy Bill is not a ‘slippery slope’ to abortion on demand
Analysis: the graphic reality of the State’s current abortion law is that its hypocrisy is putting women’s health at risk
A Marie Stopes clinic in the United Kingdom. Almost 4,000 women travelled to England for abortions in 2012. Photograph: Ross Parry
Over the last week, as the Protection of Life During Pregnancy Bill has been debated in the Seanad, we have been subjected to particularly graphic and insensitive descriptions of abortion procedures by some of those opposing the Bill. While the majority of contributors to the debate have been thoughtful and measured, it is unfortunate that a small number have resorted to these tactics.
However, this week we have also been tragically reminded about the real experiences of women in Ireland seeking abortion. Yesterday’s report that a woman died last year following the termination of her pregnancy in a London clinic has clearly highlighted the immense difficulties faced by women who have to travel to England for abortion.
While the precise circumstances of the sad death are unknown and the case is under investigation in Britain, the report provides a poignant insight into the real consequences of our highly restrictive law on abortion. It appears that the woman had sought an abortion because the pregnancy posed a serious threat to her health – but it could not be terminated legally on this ground in Ireland.
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The continued existence of the 1983 eighth amendment to the Constitution – which equates the right to life of a pregnant woman with that of her foetus – means we have the most restrictive abortion law in Europe. The Supreme Court’s 1992 decision in the X case provides that abortion is legal only where necessary to save a woman’s life – but not where her pregnancy threatens her health.
Twenty-one years after the X case, the introduction of the protection of life legislation is very welcome. It is indeed urgently required in accordance with the 2010 European Court of Human Rights decision in the ABC case that Ireland must provide an effective and accessible procedure to establish a woman’s right to a lawful abortion where her life is at risk. The Bill sets out procedures for obtaining abortion in cases of risk to a woman’s life and will provide legal clarity for women and doctors in applying the X case test.
Last November, Savita Halappanavar’s tragic death illustrated the urgent need to give such clarity – but it also showed the difficulty in determining when a pregnancy that is damaging to a woman’s health becomes life-threatening and therefore capable of being terminated lawfully. Unfortunately, this Bill cannot provide for abortion on grounds of risk to the health of the pregnant woman.
To bring forward such legislation, or to legislate for cases of rape or fatal foetal abnormality, the eighth amendment would need to be repealed. Recent opinion polls show clear public support exists for this change in the law – and Tánaiste Eamon Gilmore, indicated at the weekend that if Labour is elected into government again a referendum would be held to allow abortion in cases of rape or fatal foetal abnormality.
Those opposing such legal change should consider the hypocrisy about Irish abortion law that has been exposed by yesterday’s report.