Remember Savita Halappanavar, the Indian-origin woman who died after she was refused abortion in Ireland as they were a “Catholic country”? Well Ireland, which has forever fought a war with itself on the issue of abortion, is fighting again. And this time there seems to be hope.
On May 25, Ireland will vote in a referendum to repeal its constitution's eighth amendment and legalise abortion up to 12 weeks of pregnancy. The current law prevents abortion in virtually all circumstances. This is because Ireland's constitution gives equal right to the unborn child and the mother.
The law does not allow termination of pregnancy even if it is known that the baby will not survive after birth. In pregnancy resulting from rape or incest, too, termination is not allowed. It is allowed in cases where the pregnancy can harm the life, as distinct from the health, of the mother.
Till now, Ireland's women who wanted to terminate their pregnancy have had to travel to the United Kingdom, where abortion was made legal in 1967 (thought not in Northern Ireland). Or, they had to depend on pills ordered online without any medical consultation. These pills are illegal in Ireland and are often confiscated by customs officials during shipment.
Ireland's battle against abortion laws has been going on for decades. The 1861 Offenses Against the Person Act remained in force even after the Irish independence in 1921. In 1983, a referendum paved way for introduction of the Eighth Amendment to the Republic's Constitution. It is better known as the article 40.3.3.
It "acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right". Basically, it means that the life of the mother and the unborn child has equal value.
In 1992, the 'X Case' brought up the issue again when a suicidal 14-year-old rape victim was prevented by the courts from traveling to England to terminate her pregnancy. After many days of agitation and demonstration by both pro-life and pro-choice supporters, the Supreme Court ruled that the threat of suicide is grounds for abortion in Ireland.
The government signed in two amendments to the constitution. Thirteenth amendment of the constitution act states that article 40.3.3 would not limit freedom to travel between Ireland and another state, while the 14th amendment stated that article 40.3.3 would not limit freedom to obtain or make available information relating to services lawfully available in another state. The 12th amendment, which stated that the possibility of suicide was not a sufficient threat to justify an abortion, was rejected by the people.
Again, in 2002, a referendum was held to ask the population of Ireland whether the threat of suicide as grounds for abortion should be removed. It was rejected, though marginally.
Savita's case in 2012 was an eye-opener for many in Ireland. Savita suffered a miscarriage but was denied abortion as the foetus's heart was still beating. Since she was at risk of catching infection, she was put on antibiotics as a precaution. But she developed a fever and was in a terrible state by the third day in hospital. Though the heartbeat could still be detected at this stage, the hospital said termination could be carried out. But before the process could start, Savita gave birth to a dead baby girl. She developed sepsis due to the infection and her organs failed. On the morning of October 28, 2012, Savita died.
Her death prompted 2,000 protesters to assemble outside the Irish parliament in Dublin to urge the government to reform the Republic's abortion laws.
In 2013, the Protection of Life During Pregnancy Act was made the law. It legalised abortion when doctors deem that a woman's life is at risk due to medical complications, or at risk of taking her life. The law also made unlawful abortions punishable with 14 years of imprisonment.
Things looked up in 2015 when a United Nations Committee on Economic, Social and Cultural Rights called for a referendum to repeal article 40.3.3 of the constitution. It also urged the government to form guidelines to clarify what constitutes "a real substantive risk" to a woman's life with regards to the 2013 Protection of Life During Pregnancy Act. The United Nations Human Rights Committee pitched in 2016 and called for the strict prohibition to be changed, including reforms for the right to life of the unborn in the constitution.
In 2017, the Citizen's Assembly, set up to advise the government on issues where it faces dilemmas, advised the government to introduce unrestricted access to abortion. The government decided to hold a referendum in 2018 on whether to change abortion laws. The new law will allow terminations with no restrictions up to 12 weeks into a pregnancy.
As the date for the referendum nears, campaigns to vote 'Yes' and 'No' are going on. A Reuters report said that the support for repealing abortion laws has increased. Those backing a 'Yes' vote have held a commanding lead since the referendum was announced in January. But, as a large number of undecided voters began to make up their minds, the trend reversed and an opinion poll showed the 'No' voters gaining. But as the date nears, polls have detected an increase in lead for the 'Yes' voters.
