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THERE HAVE BEEN calls in the past few days for a referendum on the 8th Amendment to the Irish Constitution.
The discussion began again in the wake of a case where a woman had a Caesarean section after being denied an abortion.
But what is this amendment, and why do people think it should be changed?
The Eighth Amendment of the Constitution Act, 1983 was effected after a referendum which asked Irish people to vote on the State’s abortion laws.
In order to make a change to the constitution, a referendum has to be held. This was done on 7 September 1983.
The wording of the amendment is:
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.
It is referred to as Article 40.3.3 of the Constitution.
The Amendment acknowledges the right to life of the unborn, equating it with the mother’s right to life.
When it was passed 31 years ago with a 67% majority, it was heralded as a victory for pro-life activists.
Since its introduction, clauses have been added that state the 8th Amendment cannot limit a person’s freedom to travel abroad, or her “right of information” of legal abortion services in other states.
In the most recent case reported on over the weekend, the woman and her unborn baby were represented by separate legal teams in court, the Sunday Times said.
Putting it in context:
An Irish right to choose campaign was launched in 1981, as Senator Ivana Bacik writes in her essay on the subject.
The X Case highlighted the issues with the 8th Amendment when a teenage girl became pregnant after being raped, and sought an abortion.
She had planned to travel to Britain, but the family contacted the gardaí beforehand to ask if DNA from the aborted foetus could be used as evidence in court.
The Attorney General became aware of the situation and sought an injunction under Article 40.3.3 to prevent the girl having the procedure.
This injunction was granted in the High Court, and then appealed to the Supreme Court, where it was overturned.
It was held by majority opinion that a woman had a right to an abortion under Article 40.3.3 if there was “a real and substantial risk” to her life.
This was not legislated for until the Protection of Life During Pregnancy Act.
For a deeper look at the history behind the referendum and amendment, here’s our article, featuring items from the State Papers, such as this:
The Amendment was first proposed by Charlie Haughey’s government in 1982, and Garret Fitzgerald promised to follow through after the November 1982 election.
A free vote was allowed in the Dáil.
There was huge public interest in the referendum, and intense emotion and debate.
There was also much debate over the wording, which was initially supported by Fine Gael – until Fitzgerald was advised by his Attorney General that the proposed wording was flawed.
The original wording was the one put to the people.
Why do people want the 8th amendment repealed?
With the Protection of Life During Pregnancy Act being passed, there is the possibility of women being allowed to have an abortion, but under very strict circumstances and having been seen by a panel of experts.
Some people feel that the 8th Amendment complicates this situation by further limiting or constraining women’s ability to have an abortion.
In September of last year, a campaign for the repeal of Article 40.3.3 was launched.
At the time, Joan Collins TD said:
The perverse logic of Art. 40.3.3, interpreted by the Supreme Court in 1992 and now enshrined in James Reilly’s Act, means medical conditions due to pregnancy that are not in themselves life-threatening (eg inevitable miscarriage – like Savita Halappanavar) must be allowed become life-threatening before it is legal to terminate a pregnancy.
Clare Daly said:
Even if Reilly’s Act was less restrictive, 40.3.3 and the X Case ruling would only allow abortion if a woman’s life is at risk due to pregnancy. It is unacceptable that the Constitution should make a distinction between a woman’s health and her life, or ban abortion on other grounds – including a woman’s choice – and force women overseas for abortions. Art. 40.3.3 must be repealed.
She said that allowing abortion to be made available only if pregnancy puts a woman’s health at risk, or in cases of rape, incest, or fatal foetal abnormality cannot be made while 40.3.3 is in the Constitution.
New calls have been made over the past few days for the repeal of the 8th Amendment.
Labour’s Aodhán Ó Riordáin has led the calls. He wants the Constitutional Convention to be reconvened, according to the Irish Independent.
He said he thinks that the Government “has done as much as we can do within the constraints of the Constitution, we have no mandate to do any more”.
Other Labour colleagues of Ó Riordáin, including TD Ciara Conway and Senator Bacik, have supported him in this.
Also supporting its repeal are pro-choice groups such as Action for Choice, which wants the government…
to give an immediate commitment to call a referendum to repeal the eighth amendment and to introduce abortion legislation that give women living in Ireland full control over their reproductive choices.
However, TD Mattie McGrath has called on the Taoiseach to offer “immediate assurances” guaranteeing the protection of human life provisions contained in the Eighth Amendment to the Constitution.
UN criticism
The UN criticised Ireland’s stance on abortion as recently as last month, saying:
The Committee reiterates its previous concern regarding the highly restrictive circumstances under which women can lawfully have an abortion in the State party owing to article 40.3.3 of the Constitution and its strict interpretation by the State party.
In February of this year, Tánaiste Joan Burton effectively ruled out the possibility of a referendum in the lifetime of this government on abortion in certain cases (rape, incest, and fatal foetal abnormality).
But after the past weekend, the calls for repeal of 40.3.3 have gotten louder. So too have the calls from the Pro-Life side for a change in law – but in relation to the Protection of Life During Pregnancy Act rather than the 8th Amendment.
It remains to be seen whether we will see a referendum on the repeal of 40.3.3 in the near future.
Do you think the 8th Amendment should be repealed?
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I am SHOCKED !!
SHOCKED I tell you
“My hand glides down her ass to the blue string, and I tug out the tampon, which I toss in the toilet. She gasps, shocked, ”
And well she might be..
He threw a tampon in the toilet!!!
Will nobody think of the beaches?
That’s how those fatbergs start. Horrific stuff
Nothing worse than walking up with a tampon string between your teeth.
You dont last long then….just if you’ve still got the tampon string in your mouth…you havent done much more after that
My fanfiction-
“I thrust into her again and again, watching my cock disappear and reappear from her mouth. “Now you see it, now you don’t!” I declare, thinking of my childhood dream to be a magician. My cock is still purple and glittery from when I stuck it into the glitter glue earlier, and I’m just grateful we aren’t having another incident like the one a few years back, when I had to visit A&E with a woman stuck to my penis. My glitter glue fetish has caused some scenes, let me tell you.
“FJBGJBVKSJBKF,” says Ana.
“WJNDJFBKJFB,” I say back, and then I realize we aren’t role-playing as Teletubbies, she just can’t speak because she has my cock in her mouth. In between thrusts, she says, “Christian… your… cock… is… the… second… greatest… thing… I’ve.. ever… had… in… my… mouth.”
“BOOM!” I say as I ejaculate. Then I realize what she’s said. “Second greatest? What’s that supposed to mean?”
“Well, I like food too,” says Ana, and I frown, all jealous.
“Why is food better than my penis?” I demand. Just in case she thinks I’m insecure or something, I hold my dick up beside my face, all 35 inches of it, and shake it like a dog, and the shakes run through it like waves. “Feast your eyes on this!”
“Well, it keeps you alive,” says Ana.
“I think you’re getting dicks and hearts confused,” I say. “Last time I checked, my dick doesn’t pump blood around my body, thus keeping me ALIVE.” She’s such a bimbo, but that’s okay because bimbos make me feel intelligent.
“No, food keeps you alive,” says Ana.
“Oh,” I say, dropping my penis. It hits the ground with a thud and glitter lands all over us both, making it snow dick-glitter. “Let’s take things to a new level of sadism,” I say.
“What are we going to do?” she asks, and she looks at my collection of whips and chains and other such objects.
“We’re going to a concert,” I say. “Jedward. If you are anything like me, it will cause your ears to burn but you will be overcome with lust.”
Ana looks scared. “Is that too much?” she asks.
“Maybe,” I say, scratching my arse. “But sure, it’ll be deadly.” “
Pissin myself laughing! That’ll take some beating (pun intended)!
Mrs Shalakalananaka, that was superb. I can’t wait for the movie.
“High-speed fibre-optic connections” wtf?
I read the first paragraph as far as “teeth ” at which point I realised this dude has no clue.
I actually wasn’t even aware that it was this graphic. It’s literally porn. Madness.
It’s literally shite is what it is! Ms James hasn’t learned to write in the intervening period between publications.
would they not just have a nice cup of tea instead ??
Who is the intern that got that high priority job.
Nicky Ryan is the winner.
No anal and condom use?.I think me and the missus will stick with the ol hardcore pornography but thanks all the same.
Chair tight in at the desk while reading Mr. Hosford, like a pro.
Semi anyone !!
Some Murray Kinsella analysis would be good.lol
This really is taking the whole copy and paste thing to the next level.
Thanks guys, that just saved me reading the whole book, its like a trailor for a movie, when they show the best bits on the trailor and the rest of the movie was crap.
Nice article though..wink wink
sounds like she took his best & laughed.
Clit lit !
How many kids have the journal on their phones.
Totally unsuitable porn.
As opposed to that child-suitable porn they should be proving?
What a load of cock!
Your standard role play stuff right there…
Foreplay* -_-
There’s a plan B? Bloody hell….
So, that’s what women want. Who knew?
In Ireland, we pay our politicians and bankers to abuse us. We pay them extremely well, they enjoy abusing immensely well, we hate being abused, but we still pay.
I think that the Irish are a special variation of masochist. We enjoy the humiliation. We love paying for humiliation but we hate the abuse itself.
We are a sadist’s dream.
Shut up, you gonk.
wtf is a “gonk”
Did you just create a new word?
@ Glenard
Shut it you chasrinacontif.
Chuckling, the truth hurts! Enjoy it.
50 Shades of Grey is actually an allegorical tale about Irish politics over the last few years. It’s quite clever actually, it’s a really underappreciated novel.
Orla Ryan says her favourite piece of filth from the book is where the chick with the hairy gee gets licked out and you start thinking about politicians. You might as well be dead, Anthony. ;)
He got it from “Crocodile Dundee”
Sorry, wasn’t paying attention, too busy shagging the missus. What’s this about?
Sounds like Fanny Hill written 200 years ago. Cut and Paste job.
“Down with this sort of thing,”
have your say