Friday, May 25, 2018

Ireland’s Vote on Abortion Is a Referendum on the Nation’s Future

May 24, 2018 (The New Yorker): Ireland’s Vote on Abortion Is a Referendum on the Nation’s Future, by Margaret Talbot:

On Friday, Irish voters will decide whether to repeal the Eighth Amendment to the country’s constitution, which bans abortion under nearly all circumstances. The vote will help expose how much the Catholic Church’s hold in Ireland has weakened, following years of revelations about child sexual abuse perpetrated by priests and about the Church’s mistreatment of “fallen women,” who had become pregnant out of wedlock (in 2013, Ireland’s Prime Minister at the time, Enda Kenny, issued a state apology for the Church-run Magdalene Laundries, where such women were confined as unpaid workers, often in drudgery and cruelty).

Though the Yes side—those who want to eliminate the Eighth Amendment—can count on the support of many of the country’s leading politicians and is still ahead in the polls, the gap seems to be narrowing. The most recent polls show that almost one in five voters are still undecided, a figure that raises the spectre of a surprise victory for those who want to keep abortion illegal.

The vote is also an opportunity for tech companies to show how transparent they can be about political advertising and how much they can protect themselves against foreign interference (American anti-abortion activists are among those trying to influence the outcome of the vote). Google announced earlier this month that it would refuse advertising related to the referendum. Facebook said that it would bar such advertising by foreign groups.

Friday’s vote will be a test of whether women in Ireland will continue to be coerced and shamed if they do not want to carry their pregnancies to term. The Eighth Amendment, which has been in place since 1983, has not stopped abortion in Ireland. Making the procedure illegal never has—and that is worth remembering, not only in Ireland but in the United States, where the Trump Administration has given new impetus to those who would like to overturn Roe v. Wade.

Between 1980 (when abortion was not legal in Ireland but was less restricted than after the amendment) and 2016, 168,703 Irish women and girls obtained abortions in England and Wales, according to the United Kingdom’s Department of Health and Social Care. In 2016, the latest year for which such statistics are available, the number was 3,265. This is almost certainly an underestimate, since it only includes women and girls who give Irish addresses when they show up at hospitals in Liverpool and other English cities. The number also leaves out a smaller group of Irish women who go to countries other than England, such as the Netherlands. And it does not count women who obtain abortion-inducing pills on their own.

In 1992, the Irish legislature passed an amendment that made it legal for women to travel abroad for an abortion. This outlawing-and-outsourcing arrangement has come at an enormous cost to Irish women. In November of 2011, a woman named Amanda Mellet, a charity worker living in Dublin with her husband, had a routine scan for her first pregnancy. It revealed that, at twenty-one weeks, the fetus had a chromosomal disorder that kills ninety-five per cent of babies in utero and had heart defects that made survival impossible. A midwife informed Mellet that she had two choices: continue the pregnancy or “travel,” which, as she told the Washington Post recently, brought to mind “Ireland’s history of spiriting deviant women away in conditions of secrecy and shame.” 

To Mellet, the journey she made to Liverpool for the abortion felt like a banishment that deliberately denied her the care and the counselling that she should have had in her own country. She flew home twelve hours later, still bleeding. “Not only did we have to make this horrible decision about what to do in the case of a fatal condition,” she told the Post, “we had to leave the country like criminals, speak in euphemisms to hospital staff in Ireland, pay thousands to end a pregnancy, all the while my heart breaking at having to say goodbye to my darling baby girl.” In a case brought by the Center for Reproductive Rights on Mellet’s behalf, the United Nations Human Rights Committee ruled, in June, 2016, that the state had violated Mellet’s rights to freedom from cruel, inhuman, or degrading treatment, as well as her privacy and equality before the law.

It is not just the most terrible cases that should be considered when thinking about the Irish ban on abortion—or about the American pro-life movement’s push to ban the procedure here. If Irish voters set aside the amendment, Irish legislators will be able to enact new laws that will likely make abortion freely available to women in the first twelve weeks of pregnancy, with restrictions thereafter—a framework similar to that of many other countries in Europe. That will certainly provide safety and dignity for women in tragic predicaments. But new laws will also help women in more commonplace ones, who aren’t prepared, for any number of reasons, to bear a child, and who should not be forced to do so. It will allow women, in other words, the ordinary autonomy that all men have.

Polls in Ireland close at 10PM local time on May 25th.

http://lawprofessors.typepad.com/reproductive_rights/2018/05/irelands-vote-on-abortion-is-a-referendum-on-the-nations-future.html

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