Press Pack. The Coalition to Repeal the Eighth Amendment. Respect and protect women s lives, health and choices

Transcription

1 Press Pack The Coalition to Repeal the Eighth Amendment Respect and protect women s lives, health and choices website: repealeight@gmail.com

2 WHO WE ARE The Coalition to Repeal the Eighth Amendment is a growing alliance of over 60 organisations including human rights, feminist and pro-choice organisations, trade unions, health organisations, NGOs, community organisations and many others. Our members agree that the Eighth Amendment to the Constitution must be repealed in order to respect and protect the lives, health and choices of women in Ireland. We are working together under the Coalition banner to raise awareness of the urgent need for a referendum to repeal the Eighth Amendment from the Constitution. Coalition Members & Supporters Abortion Rights Campaign (ARC) Action for Choice AIMS Ireland (Association for Improvements in Maternity Services Ireland) Akidwa, Amnesty Ireland Anti-Austerity Alliance Anti-Racism Network ASLEF the Union Atheist Ireland BeLongTo Bray and District Trade Councils Choice Ireland Community Workers Coop Cork Women s Right to Choose CWU (Communications Workers Union) Doctors for Choice Dun Laoghaire Repeal the 8th Galway Pro-Choice Group Humanist Association Ireland HUN Real Issues ICCL (Irish Council for Civil Liberties) ICTU (Irish Congress of Trades Unions) ICTU Youth IMPACT Trade Union Kerry for Choice Labour Women Lawyers for Choice Limerick Feminist Network LINC (Advocating for Lesbian & Bisexual Women) Mandate Trade Union Medical Students for Choice Midwives for Choice National Traveller Women s Forum Need Abortion Ireland NWCI (National Women s Council of Ireland) Northern Ireland Alliance for Choice One Family Parents for Choice People before Profit Alliance Rape Crisis Network Ireland Re(al)Productive Health Repeal Project ROSA (Reproductive Rights Against Oppression, Sexism & Austerity) School of Social Justice UCD Sligo Repeal the Eighth Socialist Party Socialist Workers Party SWAI (Sex Workers Alliance Ireland) TCD Students Union TENI (Transgender Equality Network Ireland) TFMR Ireland (Terminations for Medical Reasons Ireland) The Workers Party Ireland Trade Union Campaign to Repeal the 8th TUC (UK) UL Medical Students for Choice UNITE the Union United Left Alliance USI (Union of Students in Ireland) Waterford Trade Council X-ile Project

3 OUR PEOPLE Ailbhe Smyth, (Convenor of the Coalition to Repeal the Eighth Amendment) Ailbhe is a feminist campaigner and former academic. She was the founding director of the Women s Education, Research and Resource Centre (WERRC) and was head of Women s Studies at UCD (University College Dublin) from 1990 until She has published widely on feminism, equality, politics and culture in contemporary Ireland. Ailbhe has served on numerous State boards including the Higher Education Authority and as a Trustee of the National Library. She is an independent strategic consultant and is active in social movement politics. She is Convenor of Feminist Open Forum, a board member of ERA (Equality and Rights Alliance), an organiser for Action for Choice, and is the former Chair of the National Lesbian and Gay Federation. She has campaigned prominently on many Constitutional issues. A founding board member of Marriage Equality, she was an Executive member of the successful Yes Equality referendum campaign to achieve equal marriage rights for LGBT people in Ireland. In 2015 she was honoured with the first ever Lifetime Achievement award at the annual GALAS (LGBT awards) in Ireland. Ailbhe co-founded the Coalition to Repeal the Eighth Amendment in Sinéad Kennedy, (Secretary of the Coalition to Repeal the Eighth Amendment) Sinéad Kennedy teaches in the School of English, Theatre and Media Studies at Maynooth University where she is a Senior University Tutor. Her research interests focus on critical theory, in particular the control and regulation of the female body by the neoliberal state. She has published widely on the politics of abortion in Ireland and internationally and has recently coedited The Abortion Papers Ireland: Volume 2 (2015). She is currently completing a book on feminist political theory under neoliberalism. Sinéad has been involved in feminism and pro-choice activism for almost 20 years and was a spokesperson for the Alliance for a No vote during the 2002 abortion referendum. More recently she was a founder member of Action on X and currently works with Action for Choice to campaign for access to free, safe and legal abortion in Ireland, North and South. She is a co-founder of the Coalition to Repeal the Eighth Amendment. Sandra Lewis, (Coordinator of the Coalition to Repeal the Eighth Amendment) Sandra is the coordinator with the Coalition to Repeal the Eighth Amendment having previously worked as a Parliamentary Assistant in Dáil Éireann for both Government and opposition TDs. She played a leading role in the campaign for the establishment of a state-funded remediation scheme for pyrite-affected homes and secured an LPT exemption for homeowners whose homes were affected by pyrite. Sandra is graduate of Dublin City University and has an MA in Public Affairs and Political Communication from the Dublin Institute of Technology. She also has considerable work experience through several personal assistant and administrative roles and has a keen interest in politics, social justice and political reform.

4 FACT SHEET Abortion in Ireland Abortion is banned except where a woman s life is in immediate danger. Abortion is not permitted even where a woman s health is adversely affected. Ireland s abortion law criminalises women, young girls and medics. A woman who procures an illegal abortion could face up to 14 years in prison and a medic who helps her could face a 4,000 fine. Even in cases of rape or incest and abortion is not permitted. Where fatal foetal abnormalities are detected, women are forced to continue their pregnancy to full-term even though the foetus has no chance of survival. Ireland has a discriminatory health system where a pregnant woman only has a qualified right to health care. International human rights organisations, have repeatedly taken the state to task for its draconian abortion regime, observing that it violates women s right to bodily integrity and self-determination. As this map illustrates, Ireland has one of the most restrictive abortion regimes globally, in stark contrast to the rest of the developed world. In the European context, only Malta and Andorra have a similarly restrictive abortion regime. However, this does not mean that Irish women do not have abortions. Center for Reproductive Rights Approximately 3,600 women in Ireland travel each year to Britain to have an abortion. This figure does not include women who travel to other jurisdictions or those who order abortion pills online and have medical abortions at home. We can only guess at the number of abortion pills that women in Ireland are ordering online illegally. Over 1,000 abortion pills were seized by customs in Ireland in In June 2016 Gardai and customs seized 78 abortion pills in just one week. This is indicative of the demand for medical abortion.

5 BACKGROUNDER What is the Eighth Amendment? Article , known as the Eighth Amendment, was voted into the Irish Constitution by referendum in The amendment states: The states acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and as far as practicable, by its laws to defend and vindicate that right. The amendment equates the life of a pregnant woman with that of an embryo or foetus and has created an unworkable distinction between a pregnant woman s life and her health. Why should the Eighth Amendment be repealed? The presence of the Eighth Amendment in the Irish Constitution is a source of discrimination against all women living in Ireland. It creates a discriminatory health system where a pregnant woman only has a qualified right to health care. International human rights organisations have repeatedly taken the state to task for its draconian abortion regime, observing that it violates women s right to bodily integrity and selfdetermination. Historical Overview 1861 The Offences Against the Person Act 1861 is passed. This Act criminalises women who "procure a miscarriage". The Act also makes it a crime to assist a woman to "procure a miscarriage". These criminal laws remain on the Irish Statute books and are interpreted to criminalise abortion in all circumstances. Subsequent amendments to the Constitution and court cases have interpreted further the dimensions of abortion. However, the 1861 Act remains the basis of criminal law on abortion in Ireland Referendum on the Eighth Amendment of the Constitution (Article ) is passed after a bitterly contested campaign % of the electorate voted with 841,233 votes in favour and 416,136 against. Article of the Constitution is inserted to read: "The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right." Sheila Hodgers, who was pregnant and suffering from breast cancer, dies in Our Lady of Lourdes Hospital in Drogheda two days after delivering her pregnancy two months prematurely. Her baby dies almost immediately after birth. Sheila Hodgers' cancer treatment had been stopped by the hospital, which claimed it would harm the pregnancy. She had also been denied an x-ray and pain relief Upon the request of the Irish High Court in relation to the 1989 case to prevent student groups distributing information on abortion services in the UK, the European Court of Justice rules in SPUC v Grogan that abortion could constitute a service under the Treaty of Rome (Treaty of the European Economic Community) and therefore a Member State could not prohibit the distribution of information by agencies having a commercial relationship with foreign abortion clinics The Supreme Court rules in Attorney General v X that a 14 year old girl, known as X, pregnant as a result of rape, faces a real and substantial risk to her life due to threat of suicide and this threat can only be averted by the termination of her pregnancy. Therefore, X is entitled to an abortion in Ireland under the provision of Article of the Constitution that requires the State to have "due regard to the equal right to life of the mother".

6 1992 As a result of the X case judgment and the issues relating to travelling and information on abortion, the Government puts forward three possible amendments to the Constitution in a referendum. The three amendments include: The freedom to travel outside the State for an abortion. Passed The freedom to obtain or make available information on abortion services outside the State, subject to conditions. Passed To roll back the X Case judgment in order to remove suicide as a grounds for abortion in Ireland. Rejected 2002 Irish voters reject the Twenty-fifth Amendment of the Constitution (Protection of Human Life in Pregnancy) Bill, 2002 which would remove the threat of suicide as a ground for abortion and increase the penalties for helping a woman have an abortion. Voter turnout is 42.89% of total electorate % vote against % vote in favour A 17-year- old known as Miss D, who is in the care of the State, discovers she has an anencephalic pregnancy and wishes to terminate the pregnancy. Miss D refuses to say she is suicidal and goes to the High Court to force the HSE to allow her to travel to obtain an abortion. In the High Court, Mr Justice McKechnie rules that she has a right to travel The Protection of Life During Pregnancy Act is signed into law. The Act is intended to implement the 1992 judgment of the Supreme Court in the X case and the 2010 ECtHR in the case of A, B and C v Ireland and provide for lawful access to abortion where a pregnant woman s life is at risk. 25 public hospitals are listed as appropriate institutions where a termination can be carried out In the case of A, B and C v Ireland, the Grand Chamber of the European Court of Human Rights unanimously rules that Ireland's failure to implement the existing constitutional right to a lawful abortion when a woman's life is at risk violates Applicant C's rights under Article 8 of the European Convention on Human Rights The Protection of Life During Pregnancy Act is signed into law In July 2014: During the fourth periodic review of the State under the International Covenant on Civil and Political Rights (ICCPR), the UN Human Rights Committee criticises Ireland's abortion laws and urged legislative and constitutional change to bring these laws in line with human rights standards. The State admitted that only those women and girls with resources can exercise their right to travel to another country for an abortion. In his concluding remarks Committee Chair and former UN Special Rapporteur on Torture Nigel Rodley states that recognition of the primary right to life of the woman, who is an existing human being, has to prevail over that of the unborn child and expressed disbelief in a system where priority would be given to the latter rather than the former. The Committee Chair also describes women in Ireland pregnant as a result of rape and denied access to an abortion as being "treated as vessels and nothing more In June 2015 during the third periodic review of the State under the International Covenant on Economic, Social and Cultural Rights, the UN Committee on Economic, Social and Cultural Rights (CESCR) criticises Ireland's restrictive abortion laws. The Committee repeatedly asks the State about Article (the Eighth Amendment) of the Constitution, including how the State can reconcile this constitutional provision with women s right to reproductive health and why it does not hold a referendum for its repeal The UN Human Rights Committee finds that Ireland s abortion laws violated claimant Amanda Mellet s right to freedom from cruel, inhuman or degrading treatment, as well as her right to privacy. The ruling also finds that Ireland s abortion laws constitute discrimination against women on grounds of sex and denies them equal protection of the law. The ruling is the first time that, in response to an individual complaint, an international human rights court or committee finds that the criminalisation of abortion in itself results in human rights violations.

7 The 8 th Amendment & Public Opinion What the Polls Reveal July, 2016 Ipsos MRBI Poll July % of respondents favour repealing the Eighth Amendment Breakdown by Party Support Independents & smaller parties 79% of these voters support repeal of the Eighth Amendment Labour 73% of Labour voters support repeal of the Eighth Amendment Sinn Féin 72% of Sinn Féin voters support repeal of the Eighth Amendment Fine Gael 66% of Fine Gael voters support repeal of the Eighth Amendment Fianna Fáil 63% of Fianna Fáil voters support repeal of the Eighth Amendment Source: Irish Times 8 th July, 2016 Full details here March, 2016 Amnesty Red C Poll February % of respondents favour expanding abortion access in Ireland 42% are in favour of allowing abortion in Ireland under the following circumstances - where there is a risk to the woman s life, a diagnosis of a fatal foetal abnormality, when the pregnancy is a result of rape or incest, or where the woman s health is at risk. These are also the minimum human rights standards for abortion access.

8 38% are in favour of allowing women to access abortion as they choose. 7% are in favour of allowing abortion in Ireland only where the woman s life is at risk or where there is a fatal foetal abnormality. 7% are in favour of the current legal position. Only 5% of people are opposed to abortion in all circumstances. 73% of people think the government should hold a referendum to allow the people to vote on whether or not to remove the 8th Amendment. Full details available here and also via the RedC website February, 2016 RTE General Election Exit Poll 26 th Feb. 16 The results of RTE s exit poll showed 75% of voters polled indicating support for wider access to abortion services and just 20% held a more conservative view. Full details available here Irish Times / Ipsos MRBI Poll 23 rd Feb. 16 Source Irish Times 23 rd Feb Full details of the poll can be found here

9 January, Newstalk RedCPoll Public Support for Legalising Abortion Rape/Incest 78% Fatal Foetal Abnormalities 76% Significant Foetal Disability (Non FFA) 61% Suicide 59% Any circumstances decided by Mother 41% Full details available here November Sunday Independent / Millward Brown Support for a Referendum 22% Unsure 22% Oppose 56% in Favour In Favour of a Referendum Oppose a Referendum Unsure RTE/BBC NI Cross Border Poll for Prime Time Special & Nolan Live Nov Over 80% felt that there should be some access to abortion. - Only 14% felt abortion should not be available under any circumstances. Full details of the poll available here

10 September Irish Examiner / ICMSA National Opinion Poll 64% of Farmers support Repealing the Full details available here 8 th Amendment July Red C Poll commissioned by Amnesty International Ireland 81% Favour 67% Believe 45% Favour 7% Oppose Widening the Grounds for Abortion Abortion should be Decriminalised Access to Abortion as Women Choose Abortion in all Circumstances Headline Figures Full details of the poll can be found here June Sunday Times Behaviour & Attitudes Poll 76% Support Abortion in Cases of Fatal Foetal Anomoly Question Would you be in favour or opposed to the introduction of abortion in Ireland in circumstances where a fatal foetal abnormality means the baby cannot survive? 70% Support Abortion in Cases of Rape or Incest Question Would you be in favour of or opposed to the introduction of abortion in Ireland in circumstances where the pregnancy results from rape or incest? Full details of the poll can be found here

11 April 2015 Sunday Independent / Millward Brown - National Opinion Poll Question Are you personally in favour, or against, holding a referendum to repeal the 8th amendment to the Constitution, which currently gives equal right to life to the mother and the foetus? Full details of the poll can be found here October 2014 IrishTimes / Ipsos MRBI Poll Question Should a referendum be held on whether or not to permit abortion in cases of rape or where the foetus will not be born alive? 68% In favour of a referendum to be held on whether or not to allow abortion in cases of rape and fatal foetal anomaly Source Irish Times 13 th October Full details of the poll can be found here September 2014 Sunday Independent / Millward Brown - National Opinion Poll 56% In Favour of Holding a Referendum to Repeal the 8 th Amendment 69% Believe Abortion Should be Allowed in Cases of Rape 68% In Favour of Abortion where there is a Threat to the Long-Term Health of the Woman Questions - Are you personally in favour, or against, holding a referendum to repeal the 8th amendment to the Constitution, which currently gives equal right to life to the mother and the foetus? - Under which of the following circumstances, if any, do you feel that abortion is acceptable in Ireland? Full details of the poll can be found here