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What are political leaders waiting for? It's time to liberalise Ireland's abortion laws

Abortion is a sensitive subject., but there are many reasons why the laws need to be overhauled, writes Julien Mercille.

THE DEBATE ON ABORTION has intensified with the upcoming election and the campaign to repeal the Constitution’s Eighth amendment. I present below ten reasons why Ireland’s abortion law should be liberalised.

Currently, the law is extremely restrictive. It criminalises abortion even in cases of rape, incest and fatal foetal impairment, as an excellent Amnesty International report documents. The recent Protection of Life During Pregnancy Act 2013 leaves this legal framework largely intact. Abortion is criminal on all but one ground (when a woman’s life is at risk).

Abortion is a sensitive subject. Therefore, the points below may be considered as issues up for discussion and debate. Nevertheless, I’d argue that the law should be liberalised for the following reasons.

23/10/2015 Abortion Pill Bus. Pictured are Pro-cho Leah Farrell Leah Farrell

1. An overwhelming majority of Irish people want the law to be liberalised, as a number of opinion polls have found. For example, about 75% of people favour widening the grounds for abortion to include, for instance, cases of rape, incest or foetal abnormalities. Conversely, only 14% of people think abortion should never be allowed.

2.  We’re out of step with the Western world. Ireland is an island of conservatism within a European sea of liberalism. As can be seen from the map from the US-based Centre for Reproductive Rights, Ireland is in red (denoting the most restrictive abortion regimes globally) while Europe is in green (the most liberal regimes) (Britain is legally in yellow but in practice it is green).

3. The state should not force women to continue with a pregnancy that is a result of rape or incest, which are criminal acts. Shouldn’t women be allowed to minimise the consequences of those acts if they wish? The same goes for foetal impairment. These are specific conditions under which virtually all Western countries permit abortion—but not Ireland.

4. Human rights organisations agree that our law needs to be less restrictive since it violates women’s and girls’ rights to health, life, non-discrimination, freedom from ill-treatment, and privacy. Ireland is thus not fulfilling its obligations to respect these rights.

28/9/2013. Pro Choice Protests Laura Hutton / Photocall Ireland Laura Hutton / Photocall Ireland / Photocall Ireland

5. Because human rights start at birth, not before. Therefore, the rights of a woman should take precedence over the rights of an embryo or a foetus. To be clear, those who argue that unborn babies also have rights have a defensible case. Even the most liberal countries agree that abortions should normally not take place once the foetus is viable. This means that after about 20 weeks of gestation, an abortion is permitted only in very specific circumstances (for example, in cases of rape or incest).

But this position is entirely different from making abortion illegal and criminal in the first few weeks of pregnancy.

6. Because the current law threatens the lives and health of women. For example, the law guiding medical practitioners is so unclear and restrictive that a woman who needs an abortion based on medical grounds is forced to wait until her condition deteriorates to the point of justifying the intervention.

This is what happened to Savita Halappanavar, who died after having been denied a termination during complications related to her miscarriage. Doctors were unclear about the law and delayed an abortion that could have improved her condition and saved her life.

7. Every year, 4,000 Irish women travel abroad, mainly to Britain, to have an abortion. This is 162,000 women who travelled abroad for an abortion between 1980 and 2014. Why not take care of our own citizens instead of sweeping the problem under the carpet?

28/9/2013. Pro Choice Protests

Moreover, those who do not have the funds to travel face a further obstacle.

8. Because providing abortion services would improve the quality of our health care system. First, it would offer an important service that virtually all other European countries provide. Second, pregnant women would trust more our maternity services. At the moment, there is distrust because the law is unclear as to what happens if complications arise before birth.

9. The restrictive abortion laws amount to social control of women and girls by religious institutions and the state. It is about establishing strict rules and norms about sexuality that are regulated by religious and state authorities. If we want to live in an authoritarian state, that’s fine. But if we want to live in a country where people are free to decide for themselves, the law must be liberalised.

Further, a lot of the negative perceptions about abortion held in Ireland are the result of very deficient sexuality education programmes in schools.

In an insightful report, the Irish Times found that secondary school students heard incorrect anti-abortion messages by teachers and outside agencies, such as “a rape victim can’t become pregnant. Abortion damages a woman’s internal organs. Abortion destroys a woman’s mental health”.

10. It’s a logical continuation of the marriage referendum on the road to making Ireland more socially progressive. Nothing bad or catastrophic happened after same-sex marriage became accepted. Around the world, news outlets reported on Ireland in a very positive fashion.

In short, Ireland is a clear outlier by Western standards and the majority of Irish people favour the liberalisation of abortion law. What are political leaders waiting for?

Julien Mercille is a lecturer at University College Dublin. You can follow him on Twitter @JulienMercille.

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    Mute TOP CAT
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    Apr 11th 2014, 7:39 PM

    Third time lucky my hole.

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    Mute Antonov Merinov
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    Apr 11th 2014, 8:28 PM

    Nothing floatable about EirCON.

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    Mute Antonov Merinov
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    Apr 11th 2014, 8:48 PM

    If the EU imposed installation and customer care standards to Eircom this company would seize to exist in a very short timespan❗️

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    Mute Michael Fagan
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    Apr 12th 2014, 5:42 AM

    @antonov, cease,

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    Mute George Grey
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    Apr 11th 2014, 7:54 PM

    Not surprised….This company is going down the tubes….customer service is almost non- existent.

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    Mute Philip Doyle
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    Apr 12th 2014, 3:01 PM

    Absolutely correct. If there was ever a company I’d like to see wiped off the map it’s this one. They are a pure irritant. My sister called them back in January to have broadband installed. They activated the landline, came out like 2 weeks later to install it, couldn’t install due to some problem, said they put us on the ‘priority list’ to sort the problem and get back to us within another 7-10 business days. Despite multiple calls, haven’t seen or heard from them since.

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    Mute Jarlath Murphy
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    Apr 11th 2014, 7:36 PM

    Your having a laugh!

    We paid for it through our taxes initially.

    It was then flogged off for privatisation and we rolled in to buy some.

    They then dumped us out for a fraction of what we paid when the Banksters got together.

    It has limped along as Voda shares worth now nothing.

    And now they intend to go to the markets again….

    Boycott this money pit.

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    Mute Random Commenter
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    Apr 11th 2014, 7:36 PM

    This will be embarrassing

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    Mute Harry byrne
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    Apr 11th 2014, 7:38 PM

    (BREATH HOLD)………baaaaahahahahahahahahahahaha

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    Mute thefunnyman
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    Apr 11th 2014, 8:52 PM

    Congratulations you have just purchased E25,000 worth of eircom shares you should see a return… And it’s gone.

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    Mute Ben Gunn
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    Apr 11th 2014, 9:49 PM

    Was it not Albert Einstein who defined insanity as “doing the same thing over and over again and expecting different results”.

    Caveat emptor.

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    Mute me so harney
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    Apr 11th 2014, 8:28 PM

    Is like the Robbie Keane of the telco sector – had earned multiples of its intrinsic value in transfer fees alone.

    I think I’ll be staying away …

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    Mute Irish Revolution
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    Apr 11th 2014, 10:23 PM

    Worst broadband in the country, awful customer service also. Anybody buying shares in this outfit will lose a fortune.

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    Mute Tommy D
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    Apr 11th 2014, 10:37 PM

    “Fool me once shame on you fool me twice shame on me fool me a third time….??… well your not going to fool me again”George w Bush

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    Mute Paul Horgan
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    Apr 11th 2014, 8:23 PM

    Sell the infrastructure back to the government. Even if we pay through the nose for it , at least in the long term it’ll pay off.

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    Mute Joe Simpson
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    Apr 12th 2014, 3:59 AM

    unless your selling copper for scrap. Fibre is were it’s at which eircom are late into the game. You’d be better starting from nothing then pay through the nose for eircom.

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    Mute TheLoneHurler
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    Apr 11th 2014, 9:20 PM

    The company should be split in two… Eirgrid should be made managers of the cables and poles while the call service should be sold off.

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    Mute Mark O'Hagan
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    Apr 12th 2014, 12:07 AM

    Catch me once, shame on you. Catch me twice, shame on me. Catch me a third time – someone is really out to take the p1ss.

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    Mute Peter William O' Brien
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    Apr 12th 2014, 10:53 AM

    They need to just cease to exist at this stage!!

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