The case for repealing the Eighth Amendment

irishtimes.com, Tue, Aug 19, 2014

The Protection of Life During Pregnancy Act, enacted following the death of Savita Halappanavar, was meant to bring to an end the agonising about Ireland’s abortion regime and the long failure to legislate for the existing constitutional provision. The news that a vulnerable and suicidal young rape victim was denied an abortion in a timely way and ended up having a Caesarean section to deliver her baby prematurely shows that it has signally failed to do so.

The facts of the case, as we know them, are horrific. The young woman came to Ireland following a traumatic rape in her own country, resulting in pregnancy. She immediately told certain statutory authorities (though apparently not the HSE) she wanted an abortion. She was not directed to the appropriate medical services. Her circumstances were such that she could not travel abroad for an abortion, so she was forced to continue with the pregnancy against her will, as evidenced by the fact that she went on hunger and thirst strike. When she eventually obtained medical help she was found by the panel of experts to be suicidal, but they considered it was too late for an abortion and medical intervention, also against her will, became necessary to save her life and that of the child.

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