Position Paper on the Updated General Scheme of the Health (Regulation of Termination of Pregnancy) Bill 2018

Together with my colleagues Máiréad Enright (Birmingham), Ruth Fletcher (QMUL), and Vicky Conway (DCU) I have written and published a Position Paper on the Updated General Scheme of the Health (Regulation of Termination of Pregnancy) Bill 2018. In the paper, which we have published on the Lawyers for Choice website, we make a number of recommendations for  (i) improvements to the General Scheme (ii) designing clinical guidance to avoid unintended ‘chilling effects’ which inhibit meaningful access to abortion care (iii) policy and resource commitments (iv) regulation of the medical profession. The overall thrust of the paper is that

The General Scheme is designed for a post-repeal Constitution in which women’s full rights must be taken into account. Abortion legislation must be drafted and interpreted to give effect, not only to pregnant people’s right to life, but to their rights to privacy, bodily integrity, freedom of conscience, liberty, equality, and freedom from inhuman and degrading treatment. However, the General Scheme does not make a sufficient break from the legal regime shaped and dominated by the 8th Amendment, which insisted on legal equivalence between a pregnant person and a foetus.

Continue reading Position Paper on the Updated General Scheme of the Health (Regulation of Termination of Pregnancy) Bill 2018

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This is why repeal matters

Cross-posted from the University Times

Last week, William Binchy – a long-time anti-choice campaigner in Ireland – affirmed his view that the eighth amendment had “done its job”, so to speak. And it has. It was introduced into the constitution in 1983 to make sure that abortion could never be legalised in Ireland. As a result, pregnant persons in Ireland cannot access a lawful abortion unless they are likely to die without one. This makes ours one of the most restrictive abortion law regimes in the world. Continue reading This is why repeal matters

Politicians left with nowhere to hide on abortion

I have an opinion editorial in yesterday’s online edition of the Irish Times on the next steps following the Citizens Assembly recommendations on abortion law reform in ireland. The full piece is available here, and here is a taste of its main argument:

It has already been reported that some politicians consider the committee’s purpose to be to water down the assembly’s proposals. This is a curious way, indeed, to think about the role of a committee established to consider the views of an assembly the Oireachtas itself established, and it is hard to see it as anything other than contemptuous of the process and the assembly members.

So what is the committee for?

Of course, it is not slavishly bound by the recommendations of the assembly, but surely its purpose is to take the broad recommendations and consider how they might be given practical effect.

The assembly clearly called for the State to fundamentally rethink its legal approach to abortion. Surely, the role of the committee, rather than frustrate that demand, is to inform the Oireachtas of the options for doing so.

Otherwise, one might reasonably ask whether the Citizens Assembly was simply a stalling tactic all along.

Submission to the Citizens Assembly on Abortion Law Reform in Ireland

Along with almost 8,000 other individuals and organisations, I made a written submission to the Citizens Assembly considering Article 40.3.3 of the Irish Constitution, which recognises a right to life of “the unborn” and the equal right to life of pregnant women. The Citizens Assembly was established to bring together 99 randomly selected ‘citizens’ under the chairmanship of Ms Justice Laffoy, to consider numerous potential changes to the Irish Constitution, the first of which is ‘the 8th Amendment’. The terms of reference of the Assembly are here. Continue reading Submission to the Citizens Assembly on Abortion Law Reform in Ireland