Abortion in the Republic of Ireland

Abortion in the Republic of Ireland

Abortion in the Republic of Ireland has been a subject of significant legal, political, and social debate. Historically, Ireland had some of the most restrictive abortion laws in Europe, but recent changes have transformed the legal landscape.

Historical Context

The legal framework surrounding abortion in Ireland was heavily influenced by the Eighth Amendment of the Constitution of Ireland, which was enacted in 1983. This amendment recognized the equal right to life of the pregnant woman and the unborn, effectively prohibiting abortion in almost all circumstances.

In 1992, the X Case brought significant attention to the issue when a 14-year-old girl, who became pregnant as a result of rape, was initially prevented from traveling to the UK for an abortion. This case led to the introduction of the Thirteenth and Fourteenth Amendments, which guaranteed the right to travel and the right to information about abortion services abroad.

Legal Developments

The Protection of Life During Pregnancy Act 2013 was a significant legislative development, allowing abortion in cases where there was a real and substantial risk to the life of the mother, including the risk of suicide. However, this act was criticized for being too restrictive.

In 2018, a landmark referendum led to the repeal of the Eighth Amendment. The Thirty-sixth Amendment of the Constitution of Ireland was passed, allowing the Oireachtas to legislate for abortion. Subsequently, the Health (Regulation of Termination of Pregnancy) Act 2018 was enacted, permitting abortion on request up to 12 weeks of pregnancy, and under certain conditions thereafter.

Current Legal Framework

Under the current law, abortion is available on request up to 12 weeks of pregnancy. After 12 weeks, abortion is permitted if there is a risk to the life or serious harm to the health of the pregnant woman, or in cases of fatal fetal abnormality.

The law requires a three-day waiting period between the initial consultation and the procedure. Abortions are provided free of charge through the public health system.

Social and Political Impact

The liberalization of abortion laws in Ireland reflects broader social changes and a shift in public opinion. The 2018 referendum saw a high voter turnout, with 66.4% voting in favor of repealing the Eighth Amendment.

The change in law has been seen as a significant step towards gender equality and reproductive rights in Ireland. However, debates continue regarding the adequacy of the current legal framework and access to services, particularly in rural areas.

Also see

• Eighth Amendment of the Constitution of Ireland
• X Case
• Protection of Life During Pregnancy Act 2013
• Thirty-sixth Amendment of the Constitution of Ireland
• Health (Regulation of Termination of Pregnancy) Act 2018