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Module 12

The criminalization of abortion in Ireland began in 1861, and the Catholic Church played a significant role in shaping Ireland's extremely restrictive abortion laws. A turning point came in 1992 with "Case X", involving a pregnant rape victim, and in 2012 when Savita Halappanavar died due to being denied an abortion. Her death sparked widespread protests and calls for reform. In 2018, Ireland passed legislation legalizing abortion under certain conditions, but pro-choice activists argue that more must be done to address barriers to access and the stigma still perpetuated by the Catholic Church.

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0% found this document useful (0 votes)
16 views3 pages

Module 12

The criminalization of abortion in Ireland began in 1861, and the Catholic Church played a significant role in shaping Ireland's extremely restrictive abortion laws. A turning point came in 1992 with "Case X", involving a pregnant rape victim, and in 2012 when Savita Halappanavar died due to being denied an abortion. Her death sparked widespread protests and calls for reform. In 2018, Ireland passed legislation legalizing abortion under certain conditions, but pro-choice activists argue that more must be done to address barriers to access and the stigma still perpetuated by the Catholic Church.

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© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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The criminalization of abortion began very early in Ireland; it was 1861 when the Person Act

1861 passed, which criminalized women who "procured a miscarriage." In 1938 Sheila Hodgers,
a breast cancer patient, died two days after the birth of her child due to her inability to get
treatment from the hospital. The hospital stopped all forms of therapy as it was harmful to the
baby during her pregnancy. In addition, the baby died immediately after postpartum. Shortly
after this innocent, the women of Ireland had seen and experienced enough. In 1995, The
Regulation of information Act 1995 was passed, allowing doctors and counselors to help guide
individuals to travel for abortions. The turning point for Ireland's abortion laws would occur in
1997 when a 13-year-old is raped and becomes pregnant. The case would reach the Supreme
court, where Miss C, the victim, would explain that she would take her own life if forced to
continue with the pregnancy. The Supreme Court would grant her the right to an abortion. The
three and a half decades of activism for abortion law reform would begin. Finally, in 2018, The
Health Regulation of Pregnancy Act was signed by the President, providing a legislative
framework for abortion care.

What caused this abortion law was the Eighth Amendment in the constitution, which was
passed after a 53% majority vote in 1983. Tens and thousands of people would gather in Dublin
every year in March for the March for Choice protest, a rally to call out Irelands governments to
ease the laws on the total abortion ban. Leo Varadkar, Ireland's prime minister, would promise
the referendum would consider abolishing the Eighth Amendment. The referendum's decision
would come after reports issued by the Citizens' Assembly. Assembled with 99 individuals, they
would still face issues as the government believed their Roman Catholic majority would view it
as highly taboo. A census in 2016 showed there were still 132,000 people identifying with the
Catholic Church- a shocking 78.3% of the overall population.

Pro-choice activists went head-to-head with the Catholic Church in hopes of reform because
the Catholic Church in Ireland has played significant roles in national identity and decision-
making. Since they were portrayed as the "protector" of Irishness during colonial rule. The
Catholic Church has powerful political influence, allowing veto power. As stated previously, this
is mainly because the Catholic Church in Ireland has held an enormous political force that has
influenced a significant amount of its national identity. The pro-choice activist started their
battle in the early 1980s as Ireland was in the midst of transforming into a more industrial,
urbanized state. Throughout the 1990s and 2000s, the anti-abortion laws were looked down
upon as it was no longer compatible with the morals and values of the Irish population. Even
today, after the abortion reforms, the Church actively looks for ways to challenge the new Irish
regime.

Although it may seem like Ireland's battle over abortion is over, it is far from that. In September
of 2019, hundreds of individuals began protesting through the streets of Dublin, chanting, "Get
your rosaries off our ovaries!". Although the laws have been changed, many women still
struggle to access abortions in Ireland. This has resulted from restrictions, lack of provision, and
the shame/stigma attached to getting an abortion. When abortions became legal and fully
accessible to everyone in Ireland, vigils were built in close proximity to the maternity hospitals
in hopes of stopping and taunting those going in for termination. This is abusive as it
intimidates and harasses innocent victims from practicing their right of pro-choice. In addition
to the abuse that pro-life activists face from the Catholic Church, new legislation came into
effect in 2019; individuals can only access a free abortion if their pregnancy is within the first
trimester. There is also an intersection between women facing abuse, asylum seekers, and
vulnerable circumstances; they have a more difficult time getting appointments as access is
restricted.

The Catholic Church had a significant role in making Ireland the first nation in the world to
introduce a constitutional ban on abortion, making it a legal crime. The conversation of
abortion began after case X in 1992 and again in the death of Savita Halappanavar. Savita was
denied an abortion and died in the hospital shortly after, sparking a prominent abortion rights
campaign that helped bring Ireland to where it is today. As more and more women spoke up
about their experiences, the less taboo the topic became and the louder the conversation got.
The campaign for abortion rights portrays the systemic problems that still occur in the world
today. The legalization of abortion in Ireland did not fix the harassment that Irish women still
face by the Churches and the historical stigma tied to it. The reform and appeal of the eighth
amendment were necessary, but it is not enough. There must be a better plan to help those
who may be BIPOC, in abusive relationships, or in comprising situations.

Word count: 900


Citations

"Abortion in Ireland: Legal Timeline." Irish Family Planning Association. Accessed December
14, 2021. [Link]

Serhan, Yasmeen. "The Fight for Abortions in Ireland." The Atlantic. Atlantic Media Company,
October 3, 2017. [Link]
abortion-referendum/541527/.

Specia, Megan. "How Savita Halappanavar's Death Spurred Ireland's Abortion Rights
Campaign." The New York Times. The New York Times, May 27, 2018.
[Link]
[Link].

Calkin, Sydney, and Monika Ewa Kaminska. "Persistence and Change in Morality Policy: The
Role of the Catholic Church in the Politics of Abortion in Ireland and Poland." Feminist
Review 124, no. 1 (2020): 86–102. [Link]

Calkin, Sydney. "Abortion Pills in Ireland and beyond: What Can the 8th Amendment
Referendum Tell Us about the Future of Self-Managed Abortion?" After Repeal, 2020.
[Link]

Mahon, Evelyn. "Abortion Debates in Ireland: An Ongoing Issue." Abortion Politics, Women's
Movements, and the Democratic State, 2001, 157–78.
[Link]

Calkin, Sydney, Fiona de Londras, and Gina Heathcote. "Abortion in Ireland: Introduction to the
Themed Issue." Feminist Review 124, no. 1 (2020): 1–14.
[Link]

Common questions

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The 2018 referendum on the Eighth Amendment had profound implications for Irish national identity and cultural perceptions of women's rights. Its outcome marked a shift towards a more progressive societal identity, reflecting changing perceptions of women's autonomy and rights within the modern Irish context. The decision suggested a departure from Catholic conservatism, redefining Irishness in a secular light. This cultural shift signaled an increased openness to align with broader European human rights perspectives, thus indicating a reconciled identity distinct from the Church's historical influence. The successful repeal underscored a commitment to gender equality and reinforced the evolving understanding of women's rights as integral to national ethos .

Legal reforms, including the 2018 Health Regulation of Pregnancy Act, aimed to provide a legislative framework for abortion care, theoretically permitting abortion access during the first trimester. However, practical accessibility remains challenged by social stigmas, restrictive provisions past the first trimester, and barriers faced by vulnerable groups such as BIPOC women, asylum seekers, and those in abusive relationships. These populations often struggle with systemic obstacles, including geographic and financial barriers, lack of localized services, societal shame, and harassment at medical facilities. Consequently, although legal reforms have been enacted, the realities of accessing abortion services continue to illustrate significant gaps that need further addressing .

The Eighth Amendment to the Irish Constitution, passed in 1983, was influenced heavily by the Catholic Church's powerful political sway and was a reflection of Ireland's social conservatism at the time. It constitutionally banned abortion by equating the right to life of a pregnant woman with that of an unborn fetus. Over the decades, socio-political forces such as changing moral values, increased urbanization, and significant activism by pro-choice groups opposed to the amendment led to its unpopularity. Notable cases like that of Savita Halappanavar, who died after being denied an abortion, galvanized public opinion. The turning point came in 2018 when a public referendum led to the repeal of the amendment, enabling legislative reform for abortion laws in Ireland .

Pro-choice activists in Ireland argued primarily for women's autonomy and the right to make personal medical decisions without interference. They emphasized the incompatibility of strict anti-abortion laws with modern Irish values and highlighted the health risks and ethical issues, as seen in cases like that of Savita Halappanavar. Activists confronted challenges by engaging in public protests, raising awareness through campaigns, and leveraging poignant real-life stories to counter the Catholic Church's narrative. They framed access to abortion as a public health and human rights issue, which resonated with an increasingly secular and urbanized Irish population, ultimately leading to the repeal of the Eighth Amendment .

External events and specific cases played critical roles in evolving abortion rights in Ireland. The case of Miss C in 1997, a 13-year-old rape victim allowed to obtain an abortion, brought attention to the need for reform. Moreover, the death of Savita Halappanavar after being denied an abortion due to the existent restrictive laws became a national and international catalyst for change, sparking widespread outrage and increasing momentum for the rights campaign. These events helped shift public opinion and increased pressure on policymakers to reconsider existing regulations, culminating in the eventual repeal of the Eighth Amendment in 2018 .

The Catholic Church played a pivotal role in shaping Ireland's abortion policies, particularly through its influence in securing the constitutional ban on abortion via the Eighth Amendment in 1983. The Church was seen as a moral authority and protector of Irish identity, having a significant political force that influenced national identity and decision-making. Over time, its influence has been challenged by changing societal attitudes, characterized by campaigns for abortion rights, secularization, and increased activism. Notable events like the protest against strict abortion laws and the massive public support for the repeal of the Eighth Amendment in 2018 illustrate the reduction in the Church's sway on public policy .

International perception and activism significantly influenced Ireland's domestic abortion law reforms by highlighting Ireland's restrictive policies on a global stage and subjecting them to increasing scrutiny. High-profile cases, such as that of Savita Halappanavar, drew international media attention and criticism, contributing to an image of Ireland as a country out of step with broader European human rights standards. Global pro-choice organizations and Irish diaspora groups supported activists within Ireland, enhancing both resources and pressure on the government. This international and domestic synergy was crucial in amplifying reformist voices, ultimately contributing to the repeal of the Eighth Amendment and subsequent legislative changes .

The Supreme Court case involving Miss C in 1997 had significant social and legal impacts on Ireland's abortion policies. Legally, it established a precedent for permitting abortion where there was a risk to the mother's life, including the risk of suicide. Socially, the case catalyzed public debate and increased awareness of the inadequacies within existing legal structures. It played a crucial role in the push for further reforms by highlighting the human cost of restrictive abortion laws. This case contributed to shifting public attitudes towards a more compassionate understanding, setting the stage for the eventual repeal of the Eighth Amendment .

Post-Eighth Amendment repeal, pro-choice activists in Ireland continue to face challenges such as societal stigma, limited service availability, and legal constraints on abortion access, particularly post-first trimester. Despite legislative victories, many women encounter practical obstacles like logistical issues, financial costs, and psychological intimidation, often exacerbated by remaining pockets of conservative sentiment and Catholic Church influence. Evaluation of current policy effectiveness reveals gaps in comprehensive service provision and protections for vulnerable groups, indicating areas requiring improvement. Although significant progress has been made, the enduring cultural and systemic barriers highlight the need for continued activism and policy refinement to achieve true accessibility and equity .

The intersection of abortion rights with class, race, and immigration in Ireland complicates the framework for abortion access by introducing additional layers of inequality. Class affects access through economic barriers, where lower-income individuals might struggle with costs associated with travel and healthcare. Race and immigration status further complicate the situation; BIPOC women and asylum seekers face systemic biases, language barriers, and discriminatory practices, often limiting understanding and access to services. These intersecting factors exacerbate vulnerabilities, creating an uneven landscape where marginalized groups encounter greater difficulties in exercising their reproductive rights, thus necessitating policies that address these disparities comprehensively .

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