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THE SURVIVORS OF Symphysiotomy support group is seeking the referral of cases to the DPP in light of the UN Human committee on human rights report on the procedure.
The report, released last week, heavily criticised Ireland’s abortion law and the state’s handling of the symphysiotomy controversy. It recommended Ireland identify, prosecute and punish those who performed symphysiotomy without patient consent.
The committee also called for a “prompt, independent and thorough investigation” into these cases.
In a statement today, Survivors of Symphysiotomy said the group had put “fresh proposals to the Minister for Health” Leo Varadkar following the UN report’s publication, and was seeking the referral of cases of non-consensual symphysiotomy to Irish authorities, including the DPP.
“Restitution, to be acceptable, must be based on a frank admission by the State that these gratuitous operations were wrong and constituted a breach of human rights,” said group chairperson Marie O’Connor.
“The UN committee has backed our call for a proper investigation into the practice of symphysiotomy. Clearly, in their view, the Walsh report has failed to meet the need for an effective remedy.”
O’Connor said that the UN underlined a need for individual accountability:
The obstetricians, midwives, nurses and anaesthetists who participated in these acts of involuntary surgery must be held to account. This is a matter not only for the DPP but also for regulators such as the Medical Council and An Bord Altranais agus Cnáimhsheachais. HIQA and the HSE also have a role to play.
The group has submitted an 8-point plan to the minister calling for restitution to survivors of the procedure, O’Connor said:
We have sought an early meeting with the Minister. We will be asking him not to add insult to injury. Women forcibly subjected to cruel inhuman or degrading treatment are entitled to restitution that does not strip them of their legal and constitutional rights, run by a board that is independent of the State, offers individualised and impartial assessment of their injuries and reparation that reflects relevant court awards.
Speaking of the UN committee’s report last week, Justice Minister Frances Fitzgerald said the Government would examine the report, but noted that Ireland has its own “legal and constitutional position”.
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Not one arrest or prosecution will happen. Probably just an enquiry that will take years and cost millions and result in nothing except serving as a record of yet another embarrassing piece of Irish history
I expect that the obstetricians , midwives etc who may have been involved are dead, so how can they be prosecuted?
Pity the women’s legal reps did’nt take forward legal cases years ago within the statute of limitations set at the particular time. Maybe that’s where the discussions should concentrate on now, maybe if women only now realise that there was a failure by solicitors , they could sue them/or report them to the law society.
The statute of limitations for personal injuries is 3 years. Did any of the victims consult solicitors about the non-consensual surgery within 3 years of the operation? If yes, and no appropriate advice was given, there may have been a ground of action witin 6 years of the negligent advice (if any) of that solicitor. It looks as if any ground for action expired many years ago.
I wonder what the right advice would have been in, say, 1960? ‘Yes, it should not have happened but you will have difficulty in finding an expert witness who will say so’?
C-section was the norm before symphysiotomy was reintroduced. Symphysiotomy could only ever be justified in emergency countries in low resource countries, where c-section not possible, like Sub Saharan Africa. In Ireland it was reintroduced because of hostility to c-section.
The Government reports, however, Murphy and Walsh support the lie that c-section was somehow dangerous, which is untrue, Ireland was a special place and symphysiotmy was therefore justified. SoS are the only organisation to campaign for the truth, namely, that symphysiotomy is both unjustified and unjustifiable. Last week, it was vindicated by the UN who have called for perpetrators to be prosecuted and raised questions over the Government redress plan. This week, SoS have presented to the Minister a straight forward 8 point plan for a better redress deal, which protects the rights of the women.
The statute of limitations you speak of does not applie to crimes such as spokem about by the UN. Nazis how carried out medical experiments without consent could be charged at any time . Yhe UN referenced these crimes in their report.
Absolutely horrific to think what these poor women went through.
Makes me so thankful the procedure wasn’t an option for the recent traumatic birth I went through.
“The fact is that in developing countries even today — and back in the 1950s we were basically a developing country — symphysiotomy is still being used. And it is being used at the recommendation of the World Health Organisation (WHO).”
The fact that Ireland was poor at the time meant that Caesarean sections were too risky due to the fact that the health service wasn’t equipped to facilitate them.
C-section was the norm in Ireland from early 1940s. Symphysiotomy had disappeared and was reintroduced for Catholic ideological reasons.
Yeah it was a barbaric practice used after C-section had become the norm. And I might be wrong but I’m pretty sure I read about cases where some women had it performed on them even after they had delivered? What is the argument for that Ciaran?
@Sarah Taylor
I am unaware of symphysiotomy allegedly been carried out on women after they gave birth. Therefore, I cannot comment on it.
Of course we.can follow the example of other countries who carry out human rights abuses & ignore the UN. However it will certainly damage our reputation. And lets face it the next time Iteland calls for action.on an issue we will have our long list of abuses, current & past, thrown in our faces.
The new minister needs to address these issues urgently as these women have suffered enough and are all elderly and running out of time
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