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www.sexogsamfund.dk » Abortnet.dk » Statistik, lovgivning og artikler » Lovgivning Europa » Irland

Irland

 

FPA: Irish Family Planning Association (IFPA) Tel. +353 (1) 4740944 / post@ifpa.ie Website: http://www.ifpa.ie


LEGISLATION
A 1992 Supreme Court Ruling (the X case) overturned a High Court Injunction, to permit a young woman (whose life was at risk from suicide if she was forced to continue with a pregnancy resulting from rape) to travel for the purpose of having an abortion. As a result of this, a 1992 Constitutional Amendment specifically amended the 1983 Constitutional Amendment such that it could no longer be interpreted as limiting the right to travel or information The regulation on information (Termination of Pregnancies Outside the State) Act, 1995, provides that professional counsellors may only provide abortion information after full non-directive pregnancy counselling. This act does not limit the actions of private individuals A referendum held on 6th of March 2002 to reform the 1992 Constitutional Amendment, was narrowly defeated. As a result the X case Court Ruling among others, stating that suicide is no ground for granting abortion, was not overturned.

 

GROUNDS/GESTATIONAL LIMITS

Risk to life of woman (including the risk of suicide).

 

REGULATIONS/CONDITIONS

  • The Supreme Court ruling in the ‘X case' effectively varied the Constitution such that there is an entitlement to have an abortion when there is ‘a real and substantial risk to the life of the mother'. Such a right exists within the state. An attempt in 1992 to exclude the risk of suicide from this right, by constitutional amendment, failed
  • Legislation to regulate this position and to amend the 1861 legislation is awaited, but it is unlikely to be forthcoming in the foreseeable future

 

COST DISPARITY IN THE APPLICATION OF THE LAW

No abortions known to have been carried out and each woman would probably have to have permission from the Court

 

COMMENTS

Thousands of Irish women travel to England to have abortions. In the 1992 Referendum, the people voted and amended the Constitution again, in order to establish the right of women to travel and to information. Furthermore the people rejected an amendment designed to reverse a Court decision, which stated that women have a right to abortion in Ireland when their lives are at risk including the risk of suicide. Politicians are now expected to legislate the limited access to abortion in Ireland. The whole question of abortion vis-à-vis the Irish Constitution is due to be considered by the Oireachtas (Parliament) as part of a general review of the Constitution

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