The Protection of Life During Pregnancy Act 2013

Abstract

Abortion is an issue that exposes deep divisions in Irish society and this was apparent during the debates on the Protection of Life During Pregnancy Act 2013. This introduced a framework regulating abortion into Irish law for the first time, but maintained the existing position where abortion is only available where the life of the woman is at risk. This article focuses on the centrality of suicide within the Irish discourse on abortion and the impact this had on the shape of the legislation ultimately introduced, in particular the inclusion of a more onerous process, which a woman must engage with before she can obtain an abortion where the risk to her life is from suicide. It highlights the practical consequences of this for the small number of very vulnerable women in Ireland who will be required to engage with the new statutory process which is deeply damaging. The 2013 Act reinforces the two-tier approach to healthcare that exists in Ireland in the specific context of reproductive healthcare as those with sufficient resources will be able to bypass the difficult and undignified statutory procedure and those who lack the socioeconomic capital will be compelled to remain.

On the Embodied Experience of Anti-abortion Laws and Regulations: The Gendered Burden of ‘Abortion Work’

“…The Abortion Rights Campaign (ARC) – a grassroots, non-hierarchical organisation campaigning for free, safe, legal abortion across the island of Ireland – which was founded in 2012, gained considerable support following Ms. Halappanavar’s death. Under increasing domestic and international pressure, the Irish government introduced the Protection of Life During Pregnancy Act in 2013, outlining for the first time a ‘framework regulating abortion into Irish law’ (Murray, 2016: 667). This legislation maintained a ‘two-tier’ approach to abortion provision in Ireland however, permitting abortion only in the cases where ‘the life of the woman is at risk’ (Murray, 2016).…”

“…Under increasing domestic and international pressure, the Irish government introduced the Protection of Life During Pregnancy Act in 2013, outlining for the first time a ‘framework regulating abortion into Irish law’ (Murray, 2016: 667). This legislation maintained a ‘two-tier’ approach to abortion provision in Ireland however, permitting abortion only in the cases where ‘the life of the woman is at risk’ (Murray, 2016). In 2013, the Coalition to Repeal the 8th amendment – an amalgamation of organisations fighting to repeal the constitutional abortion ban – was launched.…”

Abortion care in Ireland: Developing legal and ethical frameworks for conscientious provision

“…The effect of the Eighth Amendment was an almost total ban on access to abortion care except where there was a 'real and substantial risk to the life of the mother' 1 (whether for physical reasons or because of a risk of suicide). 2 On 25 May 2018, the Irish people voted by a majority of 66.4% in a referendum to remove the Eighth Amendment from the Constitution. This important result reframed the pregnant woman as an equal rights-holder under Irish law, recognising her rights to autonomy, dignity and bodily integrity.…”

“…From a conscientious provision perspective, the 2018 Act is clearly an enormous improvement on the legislative position prior to the repeal of the Eighth Amendment. 2,30 As described above, the 2018 Act significantly expands access to abortion care, including allowing automatic access to abortion care up to 12 weeks of gestation. The Act also removes any criminal sanction for women seeking abortion care.…”

“…40.3.3 of the Constitution of Ireland (the ‘Eighth Amendment’), which had afforded explicit constitutional protection to the right to life of the ‘unborn’. The effect of the Eighth Amendment was an almost total ban on access to abortion care except where there was a ‘real and substantial risk to the life of the mother’ (whether for physical reasons or because of a risk of suicide) . On 25 May 2018, the Irish people voted by a majority of 66.4% in a referendum to remove the Eighth Amendment from the Constitution.…”