Government exhibited no moral or political bravery on this one
Members of Pro-Life Campaign protesting outside Leinster House over draft #abortion legislation pic.twitter.com/Zdqxx7LonB
— Fergal O'Brien (@FergalOBrien_) May 1, 2013
It does not provide any extra rights to women other than that which has existed ever since the Supreme Court ruled in the X Case that, under these conditions, an abortion could take place in this jurisdiction.
Instead of uncertainty and confusion, it brings clarity as to how an abortion can be certified in one of three different scenarios: where there is a substantial risk to the woman’s life because of physical illness; where there is a substantial risk to a woman’s life in a medical emergency; and where the woman’s life is at risk because she is suicidal and it can be demonstrated that this risk can only be averted by a termination.
But do not for a second think that this Government has exhibited any form of moral or political bravery on this one.
Enda Kenny made it clear on repeated occasions prior to the death of Savita Halappanavar that he had no intention of legislating for X, Programme for Government or not.
The horrific death of Savita was a game changer because it came two years after a 2010 European Court of Human Rights ruling which ordered the State to establish an accessible and effective procedure by which a woman can establish whether she qualifies for a legal abortion.
They were boxed into the corner on this one and in a typical Irish response to European pressure, they created a piece of draft legislation that does the bare minimum to keep Europe off their backs while keeping their political ducks in a row. Whether it’s septic tanks or suicidal pregnant women, the same hamfisted approach is taken by our politicians time and time again.
A woman who is suicidal over her pregnancy and wants to end her life won’t in any way be reassured by this legislation. It creates a clearer pathway for practitioners, but any woman at her wits’ end would likely be advised by any caring partner, family member or friend to take the well-worn path to the UK rather than subject herself to begging three doctors for certification and possibly three more if just one of the first doctors rejects her application.
Enda Kenny and ministers at press conf announcing Ireland's first #abortion legislation. Historic day? pic.twitter.com/DdsWxjIeIw
— Sarah McInerney (@SarahAMcInerney) May 1, 2013
The great fear for many women is that their case won’t be listened to subjectively, that they will have little hope up against some doctors who are implacably opposed to abortion. Letters to newspapers on the issue signed by over 100 doctors have done little to help this perceived lack of trust.
Many women will also fear that it may be near impossible to justify to a doctor how their suicidal intentions can only be averted by termination.
In the words of the Abortion Rights Coalition, “those disproportionately affected will be migrant women, women who cannot afford to travel, women who are too ill to travel, women under control of abusive partners: in other words, the most vulnerable.”
The Abortion Rights Campaign is also rightly deeply concerned that the heads include a provision that allows “any person who believes” they have a right to take action and prevent the termination to do so through the courts, further complicating this personal decision made by a woman and supported by her healthcare professionals.
That really does suggest anybody and everybody has a right to direct a woman’s pregnancy, bar the woman herself.
What is clear though is that this legislation is only the beginning.
Even James Reilly, the health minister, has said that the issue of abortion for rape and incest victims will have to be looked at another date. They are “issues that we will have to return to”, he said on Wednesday.
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