ICCL urges No vote over implications for women

Abstract constitutional bans on abortion will always fail when confronted with the reality of a crisis pregnancy, according to…

Abstract constitutional bans on abortion will always fail when confronted with the reality of a crisis pregnancy, according to the Irish Council for Civil Liberties.

The group's research and parliamentary officer, Mr Liam Herrick, was launching its position paper on the abortion amendment proposals. The council is calling for a No vote in the referendum and for the repeal of Article 40.3.3 of the Constitution, and legislation for abortion in Ireland on the basis of a woman's right to choose.

The council urges a pro-active approach "that would bring the law into line with reality". It says the experience in both Ireland and Britain has shown legal change has been brought about by court challenges aimed at affording access to abortion to particularly vulnerable women. "It is unacceptable that legal reforms should be based on the suffering of individual women," it says.

It criticised the approach of the All-Party Committee on the Constitution to the problem on the basis that it called no evidence on the impact of pregnancy on the mental and physical health of women. "No study was commissioned on the adverse mental health effects of crisis pregnancy, in particular where requests for abortion have been denied."

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Referring to the proposed removal of the threat of suicide as a basis for abortion, it says the Government has interpreted the view that it is difficult to predict suicide risk as an excuse for not attempting to prevent such risk.

Suicidal women and girls in particularly vulnerable situations, like in prison or institutional care, would not be able to go abroad for abortions with the help of the State, as the girl in the C case did, as abortion on such grounds would no longer be legal in Ireland.

The group is also critical of the failure to provide for the emergency treatment of women whose lives were at risk from their continued pregnancy other than in "approved places".

"In no other area of medical practice is a procedure regarded as necessary to save a patient's life required to be carried out in a particular location, even where the procedure is regarded on the basis of medical opinion as being urgently required," it says.

The criminal offence of attempting an abortion has been elevated to a constitutional offence, it states. The only other criminal offence in the Constitution is treason.

The Government's proposal, if passed, will most severely affect poorer sections of Irish society, according to the document. "Better-off women, with the Government's tacit approval, will be able to travel abroad to obtain an abortion if they so choose," it says.

"Less-well-off women will still travel, but will have to delay their abortions as they will need time to raise funds for the costs of the journey to Britain or elsewhere,plus the cost of the procedure itself. The later the abortion the greater the risks of physical or psychological complications.

"The Government's proposals will ensure that no State assistance can be provided to them in advance of the abortion, although they may be able to access post-abortion counselling on their return to Ireland.

"Even poorer women will have to continue their pregnancy and attempt to care for a child that they may not have the resources to parent properly or - if they are truly desperate - they may terminate their own pregnancies, perhaps via a failed suicide attempt, in which case they risk a 12-year jail sentence rather than compassion or counselling."

The proposals also risk a clash between Irish law and Ireland's obligations under EU and international human rights law, according to the document.