This is not your run of the mill story for us here at
Balanced Opinion, nevertheless it’s an important topic to discuss. In this
article I will present both sides of the debate in Ireland’s Referendum, which
is due to be held on the 25th May. However, unlike previous articles
I will not be sharing my own opinion on this topic, rather I will just present
both sides of the debate and pose a few questions at the end that you should
consider.
Ireland’s abortion law has been defined by the Article
40.3.3 of the Eighth Amendment of the Constitution of Ireland. Article 40.3.3
states; “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 will be put to a vote on the 25th
May, if a ‘yes’ vote emerges Ireland could see a change in its abortion laws,
which some have described as the ‘one of the most restrictive in Europe’. The
current law prohibiting abortion in the Republic of Ireland, Protection of Life
During Pregnancy Act 2013, stipulates that a women seeking a legal abortion
must first be examined by a number of specialists (this can be between 2-5,
with cases of the mother feeling suicidal, threatening to commit suicide, or
experiencing severe mental health problems, a review by a minimum of 3
specialists is required). But can a law that holds the question of ‘life’ be
too restrictive? I will now present both cases in this debate
Pro-choice
The pro-choice argument for the repeal of the Eighth
Amendment focuses on the issue of women rights, more importantly that women
rights (humans rights) are being denied to the women of Ireland due to this
Constitutional provision and 2013 Act. This, together with the experiences of
women who have left the country to obtain abortions (of which there are 3,500 a
year that do so) and obtained illegal abortions/abortion pills within Ireland,
make up the crux of the pro-choice argument.
Many of the pro-choice groups argue, as put forward by
Aljazeera’s Ozlem Hangul, “Ireland's current abortion law is a long-standing
human rights violation that has been depriving women of their right to life,
health, privacy, information, equality and non-discrimination, as well as their
right to be free from torture and ill-treatment”. The inability of women to
choose what to do with there own bodies and decide what is good for them, is
one of the most important factors in the pro-choice case. This further extends
to the fact that women, who want an abortion, have to obtain one outside of
Island of Ireland (abortion is also illegal in Northern Ireland), placing added
pressure on the women and causing more distress.
It is also held that the pregnant women should also have the
choice of whether the quality of the child’s life would be of a high standard.
This implies that if the financial situation of the parents cannot support a
child then abortion is, sometimes the only option available, this ultimately
supports the overall argument that it’s the women’s right to choose.
The most important point raised by pro-choice groups, for me
this point cannot be brushed aside, is whether a woman could seek an abortion
if she is the victim of rape/incest. I don’t know how to put this but here I
go, a victim of rape/incest would be unmanageable at best but to then fall
pregnant after this attack causes further distress. Thus pro-choice groups
argue that the women has already has had one choice taken away from her
(meaning giving consent to a sexual encounter) and now she must experience a
lack of choice in whether to terminate the pregnancy, due to the 2013 Act and
Irish Constitution.
Pro-life
In contrast to the pro-choice argument, the pro-life side of
the debate, argues that the unborn child has the same rights as the mother (as
described in the current 2013 Act and Constitution) and thus the status quo
should remain. They cite that the realities of abortion are not fully explained
to the mother who want an abortion (this being that life starts at the moment
of conception), with the more extreme opponents arguing that abortion is comparable
to genocide or murder. Organizations such as the Young Defence, one of the
largest pro-life groups in Ireland, supports this line of argument. According
to pro-life groups, which don’t have to be religious in nature, if you accept
the fact that life begins at conception then it is surly true that if a
pregnancy is terminated then a life has ended?
It is furthermore important to highlight the role of
contraception’s such as ‘the Pill’ which, according to pro-life groups, acts as
an abortive if the egg has been fertilized, the Pill will thus prevent a
pregnancy from occurring and thus prevent a life from beginning (at
conception). It is further argued that mothers before going to an abortion
clinic, if they elect to do so, don’t realise that there are two types of
abortion, one medical (medication will terminated the pregnancy) the other
surgical (where the doctor will physically remove the foetus from the womb – I
have looked into this myself and I do encourage all to look at this to get the
full picture of abortions – please not that some images or descriptions are not
pleasant to view).
There is also another dimension to the pro-life argument,
one of morality and the belief in the social teachings of the Catholic Church.
The Catholic Churches position, with 78% of the population of the Republic of
Ireland identifying as Catholic (2016 census), is based on the Sixth
Commandment ‘Thou shalt not kill’ (Exodus 20:13). The Catechism of the Catholic
Church further supports this argument by stating:
“From its conception, the child has the right to life.
Direct abortion, that is, abortion willed as an end or as a means, is a
‘criminal’ practice (GS, no. 27, 3), gravely contrary to moral law” (CCC, no.
2322)
This argument, although dismissed by the pro-choice groups
holds support amongst many in Ireland. This is not to confuse the pro-life as
solely being a religious position,
They also cite the statistics of abortions in England and
Wales (where abortion is legal). In 2015 191,014 were carried out, this being
21% of all pregnancies in England and Wales ending in abortions. This amounts
to a total increase of 111% since 1969, “and by 2015 98% of abortions were for
statutory reasons, rather than to save the life of the mother, for the benefit
of already-born children, and fetal anomaly” (cited, abort73), these combined
make up 2% of all abortions in England and Wales. The very fact that many
abortions occur, not because of a threat to the mother life or fetal anomaly,
but to social reasons instead. Pro-life groups see abortions as a form of
contraception, a way for individuals to remove themselves from responsibility
(you were aware of the consequences of having sex, pregnancy, so you should
take responsibility for your actions), and the view that those in financial
difficulties see abortion as ‘their only option’.
Conclusion
With the clear difference between the pro-choice arguments
and pro-life arguments being, is the taking of a life (abortion) morally
justifiable? This is where the debate, and the groups within the debate, don’t
understand this simple question. Although pro-life groups do argue this, they
neglect the rights of women to choose, similarly the pro-choice groups do not
tackle this question of whether abortion is morally justifiable, as a life is
ultimately lost.
I will end on a few questions that you, the reader should or
may consider, in this debate. Can a middle ground be reached in this debate
that is satisfactory to both sides, without repealing the Eighth Amendment?
Perhaps we should not be focusing so much on whether it is morally right or
that women’s rights are more important than a life inside the womb? Maybe we
should look more at the causes of abortion and society as a whole, we could
eliminate economic factors in the decision-making process of abortions (I
recognise that this is but one consideration, but a consideration nonetheless),
by providing more support for women during and after pregnancy? Or more
alternatives to abortions should be presented to women before an abortion is
allowed? Does this not help to preserve life and gives women more choice? I
hope, dear reader, you will consider some of these questions.
Notes;
The Guardian – ‘Ireland’s abortion referendum: It’s painful
and it’s personal’ - https://www.theguardian.com/world/2018/may/13/ireland-abortion-referendum-25-may-repeal-campaign-women
Irish Government, Regulation of Termination of Pregnancy - https://health.gov.ie/wp-content/uploads/2018/03/Policy-paper-approved-by-Goverment-8-March-2018.pdf
Young Defence - http://www.youthdefence.ie/
The Holy Bible, Revised Standard Version Catholic Edition, (2004),
Oxford: Oxford University Press
The United States Conference of Catholic Bishops, (2012), United
States Catholic Catechism for Adults, Washington D.C
The Irish Catholic Bishops Conference - https://www.catholicbishops.ie/2001/12/12/81-2001/
Aljazeera, ‘Ireland’s abortion referendum: It’s time to say
‘yes’ - https://www.aljazeera.com/indepth/opinion/ireland-abortion-referendum-time-180510110138119.html
BBC, ‘Abortion in Ireland: The fight for choice’ - http://www.bbc.co.uk/news/world-europe-39183423
Society for the Protection of Unborn Children - https://www.spuc.org.uk/
