Sign in. It’s quick, free and it’s up to you.
An account is an optional way to support the work we do. Find out more.
The State 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.
SHOULD THE UPCOMING referendum be passed, the above stated Eighth Amendment to the Constitution will be no more and it will be replaced. It’s proposed that the amendment would be replaced by the Thirty-Sixth Amendment and the text would read as follows:
Provision may be made by law for the regulation of termination of pregnancies.
In effect, these changes would remove the effective ban an abortion and place the responsibility on the Oireachtas to legislate for it. But how did this effective ban come about in 1983 and how did it change over the last 35 years?
Throughout the 1970s, there was a movement towards the liberalisation of abortion laws in the western world. Much of this came from the landmark Roe v Wade judgment in the US Supreme Court in 1973 which decided that a woman’s right to privacy extended to her decision to have an abortion.
In Europe, similar moves were being made.
A number of years after Ireland joined the EEC in 1972, both France and Germany introduced laws that legislated for terminations in various circumstances.
In Ireland, a 1974 Supreme Court case entitled McGee v The Attorney General found that individuals had a right to marital privacy and that this extended to the importation of contraception.
The potential similarities between this decision and Roe v Wade caused pro-life activists in Ireland to fear that a similar decision could be made here in relation to abortion.
As abortion was already illegal however, copperfastening this position offered somewhat of a challenge. It was determined that the best way to ensure there would be no change to the law was to push for a referendum that enshrine this ban in the Constitutional.
The Pro-Life Amendment Campaign was established to lobby for this and it set about seeking commitments from the various party leaders that they would hold a referendum.
The group was established in 1981 during a period where there were three general elections in less than 18 months. As such the leaders of the main parties were increasing susceptible to influence from grassroots movements such as PLAC.
The group used this instability to convince the leaders of both Fianna Fáil and Fine Gael to commit to a referendum.
Charlie Haughey after surviving a leadership challenge in 1983. Source: Eamonn Farrell/RollingNews.ie
During the second of those three governments, Charlie Haughey's Fianna Fáil published the wording of the referendum but his government fell soon afterwards.
When Garret Fitzgerald's Fine Gael took over in coalition with Labour, they proceeded with the same wording despite warnings that it would present legal problems down the line.
Wording
Fears around the wording of the referendum were manifold but among them was that it would require the balancing of rights between the unborn and the mother.
It was feared that this determination would have to be made at some point and that it would likely be left to the judiciary to determine that balance. It was also unclear what exactly constituted "unborn" with the Attorney General of the time Peter Sutherland describing the wording as “ambiguous and unclear”. In a memo to government dated 15 February 1983, Sutherland wrote:
In summary: the wording is ambiguous and unsatisfactory. It will lead inevitably to confusion and uncertainty, not merely amongst the medical profession, to whom it has of course particular relevance, but also amongst lawyers and more specifically the judges who will have to interpret it. Far from providing the protection and certainty which is sought by many of those who have advocated its adoption it will have a contrary effect.
“Further having regard to the equal rights of the unborn and the mother, a doctor faced with the dilemma of saving the life of the mother, knowing that to do so will terminate the life of “the unborn” will be compelled by the wording to conclude that he can do nothing."
Acting on this advice and the various other vocal critics of the proposed wording an alternative was proposed during committee stage:
Nothing in this Constitution shall be invoked to invalidate, or to deprive of force or effect, any provision of a law on the ground that it prohibits abortion.
A Dáil vote on this was not successful however and the original Fianna Fáil wording went forward to the referendum.
The referendum
As has been pointed out countless times in the three-and-a-half decades since the vote, the campaign itself was marked by a particular divisiveness that has rarely been seen in Irish society and which campaigners have been keen to prevent this year. The campaign was so toxic that a 1990 account of the referendum by Tom Hesketh was titled The Second Partitioning of Ireland?
On a turnout 53.7%, the referendum was passed by a majority of 66.9% in favour of the amendment to 32.1% against. It was signed into law just one month later.
The X Case
As was predicted prior to the passing of the referendum, the tension between the right to life of the mother and the unborn led to various legal difficulties, not least than in the X Case.
The 1992 case related to a 14-year-old girl who had become pregnant as a result of a rape and wished to travel to England to have an abortion.
The girl's parents had told gardaí about their intentions and the case made its way to the desk of the Attorney General.
In a decision that was criticised politically at the time, the Attorney General decided that it was necessary to apply to the High Court for an order preventing the child from travelling.
The High Court accepted on the basis of the evidence it heard that the teenager was at risk of suicide should the pregnancy continue and that therefore her life was at risk. It also accepted that there was a was a threat to the life of the unborn if the girl travelled to the England intending to have an abortion.
As UCD's Dr Eoin Carolan described in his presentation to the Citizens' Assembly last year, the case presented a difficulty for the High Court about whether the girl should be allowed to travel.
The case raised an important question which the text of Article 40. 3. 3 did not answer: what does the “equal right to life” of the mother and the unborn mean in a situation where there might be a conflict between the two rights?
"In other words, the High Court was faced with a situation where granting the order would mean there was a risk to the life of the mother while not granting the order would threaten the life of the unborn."
In the event, the High Court granted the order preventing the girl from leaving Ireland but in a hastily convened appeal, the Supreme Court disagreed.
The Supreme Court decided that abortion was allowed in circumstances where there was a substantial risk to the life, as distinct from the health, of the mother and that this risk could only be avoided by the termination of her pregnancy.
Further referendums
Later that year, the government proposed three amendments to the Constitution following on from the X case.
The Twelfth Amendment proposed to amend 40.3.3 to specifically allow for abortion where there was a real risk to the life of the mother but that this would not include a threat of suicide.
In other words, this would have permitted abortion in more limited circumstances than those allowed by the Supreme Court. This was rejected and as a result, the status quo remained – that is, terminations are allowed where there is a real and substantial risk to the life of the mother, including the risk of suicide.
Two other proposals were passed. Ireland voted to allow for the freedom to travel outside the State for an abortion. The amendment covering the right to obtain or make available information on abortion services abroad was also passed.
But the issue of suicide as a grounds for an abortion was put to the public again in 2002. Once more, it was rejected but this time the result was closer and the turnout at the polls was far smaller than in both 1983 and 1992.
Savita and the Protection of Life During Pregnancy Act
For about a decade following the 2002 vote, abortion remained an issue for those who agitated for the removal of the Eighth Amendment but it was not at the forefront of news or political discussion.
But a number of developments changed this.
Firstly, Ireland's restrictive abortion laws had been coming under increasing pressure from a number of international rights organisations.
In the A, B and C case in 2010, the European Court of Human Rights (ECHR) ruled that Ireland’ had failed to clarify the circumstances in which an abortion could be carried out.
The UN Committee on the Elimination of Discrimination Against Women was also critical of Ireland's legal position in 2011 and Irish politicians were forced to look at the issue.
An expert group was set up to examine how best to deal with the ECHR's ruling but its work was overtaken by the tragic death of Savita Halappanavar.
The young dentist's death made headlines around the world after it was reported that she was denied an abortion as she miscarried and contracted an infection. She died of blood poisoning.
The following year, Enda Kenny's Fine Gael government sought to legislate for the uncertainty in Irish law brought about by the X Case.
The Protection of Life During Pregnancy Act caused divisions in his party but was ultimately passed and is now the legal basis for limited abortion in Ireland.
The act allows an abortion to be carried out where it has been certified by two medical practitioners that it is necessary to avert a real and substantial risk of loss of the woman’s life from a physical illness.
Where the risk of loss of life relates to suicide, the act requires three medical practitioners, including two psychiatrists, to certify that the termination is necessary. In 2016, 25 terminations were carried out under the act.
2018
At the end of last year, the Joint Oireachtas Committee on the Eighth Amendment published its report for the Oireachtas that recommend a repeal of the 34-year-old amendment. The committee itself was established after the Citizens' Assembly made a similar recommendation that the amendment be removed from the Constitution and replaced with a provision directing the Oireachtas to legislate for terminations.
This proposed Constitutional change from the Citizens' Assembly has been followed by the current government who is seeking to repeal and replace the amendment in a referendum that will be held in under eight weeks time.
Announcing the referendum date of 25 May, Health Minister Simon Harris said politicians had been discussing the issue for a long time and that it is "time for the people to have their say".
To embed this post, copy the code below on your site
Folks spend too much time schoolin’. All anybody needs to know is that Merica is undefeated in world wars and 50 stars + 13 bars = Merica.
School is irrelevant to the most popular trades,I have never uses French, Irish ,biology,physics,religion,they were forced as no other options.
The ones I do need and to a considerable degree maths, mechanical engineering,carpentry.
I wanted to do business but the class was full(most anoying some never turned up).
Pe was a waste of time anyone who didn’t want to go had 80min wasted.
The education system is a joke its a revolving door system.
The guidance cllr said I would be best suited to “a vet because I had a liking of animals” I since have got a business degree and run 2 small steady businesses not that I have a 50k merc or mansion.
Over half what I done in school is beyond useless
So we should give up the other subjects and the whole country should do the same job as you Eric? I use business, economics and accounting in my job, my mates jobs range from lab scientists (physics), doctors and vets (biology), personal trainers (PE) to a document translator (Irish). There’s more to making the world go round than just what you do.
@amy you missed my point all subjects are not suited to everyone..I know guys who wanted to be carpenter’s but were told to do the leaving insted of leaving at 16 for a apprenticeship and saving 4yrs
@ Eric
To be fair, those mates of yours who wanted to be carpenters would probably be unemployed now and find it much harder to secure non-carpentry work without the Leaving Cert. It might not be fair but it’s the reality.
@chris,one working for himself and 2 lads working for him.two others still work for the same guys.
Leaving is useless in trade work if I was hiring a carpenter and had a choice of 2x 24yr olds one fresh from college papers to beat the band or a guy who started his apprenticeship at 16 and qualified at 20 with 4yrs qualified to date exp,IL take the guy that’s over all has most hands on experience the guy with the degree has no exp closing all doors bar jobs that need no qualifications
The leaving absolutely is not useless in trade work. Maths for example is essential in nearly all trade work, and geography in some. Your friends are the lucky ones I know a carpenter and a plumber who lost their jobs and had to retrain. One had the leaving and so got straight into college doing sound engineering, the other had no leaving and went to work in a shop and has to claw his way up the ladder. Kids have no idea as young teenagers what they want to go on to do as adults, that’s why there is a variety of subjects to help them decide which they prefer to train in as they come into adulthood. It also makes for more rounded individuals who aren’t completely ignorant of all other professions and a certain amount of life knowledge. That’s what school is for. College and apprenticeships are for the intensive career training.
@amy.maths is part of a apprenticeship anyway..I never mentioned geography but it wasn’t on offer to me and I don’t know a carpenter,plumber,electrician,or other trade that need geography
Geography isn’t just about which town is where. It’s also about types of soil, lay of the land, aerial locationing, (site analysis) all of which need to be taken into account in any large scale building project. Pipes are laid underground. Electric lines can’t go through lakes. A house cant be built on marshland. And so on.
@amy,that is true but they are specialist jobs for architects and engineers so my point still stands to the jobs I mentioned first,by your logic I could bring meteorology into the conversation and say well every needs to know the weather
As is quite evident from your post.
Eric,
If you’re looking for a carpenter and have a choice between a carpenter and someone who isn’t a carpenter, it’s a bit if a no-brainer.
They didn’t teach me that in pass maths
You are mixing up your pluses and minuses. The sum is 30 = 25 + 3 +2. What missing 1?
@ben They give 10€ each.. 3 by 10 = 30.. They get it for 25€ so there is 5€ change they take 1€ each back out of the change so then there’s 2€ left .. If they gave 10€ and got 1€ back that means they paid 9€ each 3 by 9 = 27+2 = 29 in any language
Stop messing about. The 2 has to be subtracted from 25, not added to it.
Number 3 is not the Fundamental Theorem of Calculus, but the definition of the derivative in terms of difference quotients. The Fundamental Theorem of Calculus relates derivatives to integrals (or, if you prefer, rates of change to areas under curves).
We’ll take you at your word on that one ;-)
Niall Madden is correct. The formula shown is very important, and could be on this list on its own merits, but it is not the Fundamental Theorem of Calculus.
Great article.
What about Boyles law PV/t is a constant
@Eddie, ‘fraid not mate, the €30 ceased to exist when they got back the fiver, meaning the merchant recieved €25. So we have 3x €9 = €27 less the €2 in hand equals the €25 taken by the merchant.
Isn’t pleasantly surreal to be arguing about algebra at Sunday lunchtime?
@ Ben are ya hungover whahaha
@Eddie, hungover! never. Maybe a bit secondhand……..
I think the formula was pressure is proportional to the reciprocal of the volume. Charle’s Law brought in Temperature into the equation later.
The more complex the mathematics, the less numbers are involved. :-/
Now I get it !!!
3 house mates were going to by a radio between them, it cost 30€ so they gave 10€ each, the shop keeper said I will give it to ye for 25€ so there was 5€ in change they each took 1€ then there was 2€ left right , so really they only paid 9€ each cos they give 10 and got 1 back each so 3 times 9 = 27 + the 2 that was left over from the 5 change = 29
Where’s the missing 1€????
It was put in the tip jar as a kind gesture as thanks for the €5 discount ;)
I’d forgotten about BOMDAS.
I’m still working on a formula to find out how long is a piece of string
I still can’t find X
What about all of murphys laws???
Should be compulsory for teachers to introduce secondary school maths with this article/book digest. Might make a few more people appreciative of the usefulness of maths.
That’s what ‘Project Maths’ is about – making Maths real, eg. finding the height of a cliff by walking away from it (rather than the length of 1 side of a triangle).
Great article.
What about Boyle’s Law? Robert Boyle, Irishman and the father of chemistry? There should be 18 laws listed!
Not THAT important compared to those listed. Great experiment proving it in LC Physics though.
Black = White
Quadratic equations ruined by life. x=-b plus or minus the square root of b squared minus four ac divided by twice a. I hate you all.
Whats sad about our education system is that I DO remember this equation 25 years on, but could not remember what it was for (or even if our teachers told us).
That’s the major problem I have with math lessons, they teach the formulae, but no context within which I can be used.
http://www.udacity.com have a great introduction to physics course (free), they show you how to calculate the height of a building, the distance from the earth to the sun, or how to aim a cannon at attacking pirates, using trigonometry. fun course.
*No context in which IT can be used.
It’s how you get the solutions to a quadratic equation (one where the highest power of x is 2) when it can’t be factorised..
It’s how you get the solutions to a quadratic equation (one where the highest power of x is 2) when it can’t be factorised..
Yuck algebra!!!
Great article…
Equation 9 (The Fourier Transform) is printed incorrectly.
There should NOT be a minus sign in front of the top infinity symbol.
(That is the top sideways ” figure 8″).
As printed the equation is meaningless.
Not completely meaningless; the RHS of int(f(x),a,a) is just zero….
Think the Black Scoles model is the one the A beautiful mind is loosely based.
Different mathematician, read up on John Nash.
Dont need to buy the book now!!!
Ewwwwww hate maths
Number 6 Euler’s formula for polyhedra only applies to convex polyhedra
Huh?
have your say