On the eve of the referendum , what is the 8th Amendment?
BY Eliza Ritchie
What is the Eighth Amendment?
“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.”
The Eighth Amendment of the Constitution Act 1983 gave equal rights to the mother and her unborn child. Whilst abortion had been criminalised in Ireland since 1861 this amendment meant that abortions could be allowed if pregnancy risked the life of the mother.
Have there been challenges before?
Yes.
In 1992 Ireland saw three referendums which sought to change the status-quo.
The Twelfth Amendment of the Constitution Bill was put forward to overturn the Eighth Amendment but was rejected by a 30% majority.
The Thirteenth Amendment was put forward in the same year and looked to allow women to legally travel to have abortions. This was successful, 62% to 38%.
The final referendum of this year, the Twenty-fifth Amendment of the Constitution of Ireland Bill 2002 proposed changes which would mean that abortions could take place when there was a medical threat to life but not a risk of suicide. The motion was defeated by a margin of under 1%.
Why now?
The controversy over Ireland’s current abortion laws were heightened by the death in 2010 of Savita Halappanavar after a septic miscarriage despite her pleas for an abortion.
In 2013 the Protection of Life During Pregnancy Act came into force which illustrated the legal reasons of abortion.
Tension has been rising as campaign groups have pushed for change. Together for Yes, the campaign group at the heart of the movement, has received international and celebrity support.
What are the rules in Scotland?
In Scotland abortion has been legal since 1967 under the Abortion Act. If the referendum is successful Ireland’s abortion laws will still be far more limited than our own.
In Scotland abortions can take place up to 24 weeks into pregnancy. Available through the NHS women are able to seek abortions from their local GP before being referred to a professional.
Abortions can also take place if there is a risk to the woman, both physical and mental. They are also permitted if it is discovered that the unborn child is at risk of physical or mental abnormalities.
