Past Due

Folee Hall

Ms. Stringer

English 1301

19 October 2015

                                                 Past Due         

        The majority of the industrialized world accepts abortion as a woman’s right—the right to control the well-being of her own body. However, there are many nations that strictly criminalize abortion and do not consider the practice to be morally acceptable in society. Many people are amazed to learn that Ireland is among the industrialized countries that prohibits the termination of a fetus unless medical professionals prove that the woman will not survive the pregnancy. The Eighth Amendment to the Irish Constitution, which originates from the teachings of the Catholic Church, forbids abortion, even in cases of rape, incest, or when a baby is proven braindead. As a result, women are faced with two inconvenient and potentially perilous options, travel to another country or order illegal pills that abort the fetus. Because the law interferes with a woman’s right to control her own body and causes harm, the abortion debate is among the largest concerns in the Republic of Ireland (Halpin).

        In prior years activists have taken this debate to Parliament and exceptions have been proposed, and in some instances granted. In 1992, in the case of  Attorney General v. X, better know as the “X Case," the question was raised of whether a woman could lawfully travel abroad in search of an abortion. The High Court decided that even though the woman was contemplating suicide, the fetus still had a chance at life; therefore, the young girl was forced to stay in the country. The Supreme Court overturned the ruling, allowing the victim to travel in search of a safe procedure. This case would lead to the proposal of three new amendments: the Twelfth Amendment, prohibiting abortion in cases of threatened suicide; the Thirteenth Amendment, allowing women to travel to another country to have an abortion; and lastly, the Fourteenth Amendment, allowing the distribution of information regarding out-of-country abortion services (O’Carrell). Voters rejected the Twelfth Amendment but ratified the other two. It took more than two decades, a myriad of broadcasted cases, and the horrendous, arbitrary death of Savita Halappanavar to bring the courts to further legislate.

        The story of Savita Halappanavar was made known nationwide, and she became the face of injustice felt by thousands of Irish women. Her husband told the Irish Times that after being informed by doctors that she was undergoing a miscarriage, Savita asked for an emergency abortion. Her doctors would not perform the procedure because of the country’s status as “a Catholic country” (“Interview by Kitty Holland”). Savita died of Septicemia as result. This story moved the entire nation and was a catalyst to the government’s renewed interest in reforming abortion laws. Therefore, in 2013, President Huggins signed into law the Protection of Life During Pregnancy Bill, which clearly creates two exceptions to the Eighth Amendment: if the woman is proven suicidal or if her life is put at risk by the pregnancy (“Abortion Information-the law”). Though there are still significant obstacles to reform, such as prohibition of abortion for rape and fatal fetal abnormalities, complaints from the UN’s Human Rights Commission, and flaws in the updated guidelines given to doctors, the new bill was a big step for the Republic of Ireland (McDonald). For some it was a step backwards, but for many it was a step towards a hopeful future. Nevertheless, many believe that justice still sees a lack of attention, and many women are continuously put in circumstances where they are legally threatened or financially strained.

        In Ireland the legal consequences for performing or undergoing an abortion are dire. As a result, Irish women are forced with the difficult option of either breaking the law by having a home-induced abortion or paying the hefty expense of traveling to receive an abortion. The number of women who have abortions at home versus those who travel is uncertain because those who stay home must remain secret out of fear of the law. The consequences set out in the Protection of Life During Pregnancy Act 2013 states, “A person who is guilty of an offense under this section shall be liable on indictment to a fine or imprisonment for a term not exceeding 14 years, or both” (Protection of Life During Pregnancy Act 2013). Therefore, if a pregnant women seeks an abortion, even for such reasons as rape, incest, or the baby will not survive, she may face up to fourteen years in federal prison if caught. However, the desperation of many women outweighs their concern for the law, and they continue to have abortions. The Center for Reproductive Rights estimates, “of the roughly 46 million abortions that occur worldwide each year, 19 million are illegal” (”Setting the Record Straight: The Facts on Some Popular Myths About Abortion."). Based off this data, it appears that millions of women are so determined that they will push aside fear in order to do what they believe they need to do. However, thanks to the recently added Thirteen Amendment, previously mentioned, women do have the right to travel to another country in search of a certified abortion clinic. Nevertheless, while this law does give women more control over their bodies, this option is still highly restrictive because of the financial burden of traveling to another country. If a woman requires an abortion, whether it is for personal or medical reasons, she is expected to spend on average a hefty €1,000-1,500 in traveling expenses (“Amnesty International”). Therefore, the Thirteenth Amendment really only benefits those who are financially capable and, once again, women are placed in a position that they will have to disregard the law, leaving women back in square one, with lack of bodily rights in their own country.