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Submission to the Citizens' Assembly Submission to the Citizens’ Assembly SUBMISSION TO THE CITIZENS’ ASSEMBLY TABLE OF CONTENTS The Abortion Rights Campaign 4 Introduction 5 Repealing the 8th Amendment 6 Why we should repeal the 8th 7 The reality of abortion in Ireland 9 The reality of the 8th Amendment in Ireland 12 International Condemnation 13 Free, Safe, Legal 15 Why we need free, safe, legal abortion access 16 Availability in the public health system 17 Abortion on request 18 Gestational limits 19 Decriminalisation 21 Conscientious objection 23 Conclusion 26 Let women choose 27 Abortion Stories 28 3 THE ABORTION RIGHTS CAMPAIGN The Abortion Rights Campaign (ARC) is a grassroots movement for choice and change in Ireland. We organise the annual March for Choice, which this year saw 20,000 people take to the streets of Dublin to demand a change to Ireland’s abortion laws. We aim to promote broad national support for a referendum to repeal the 8th Amendment and the introduction of free, safe and legal abortion access in the State. We believe women can be trusted to choose, and we aim to ensure the health and rights of women in Ireland are protected in line with international best practice and human rights standards. We welcome the opportunity to make a submission to the Citizens’ Assembly during its consideration of the 8th Amendment to the Constitution. 4 INTRODUCTION As the largest grassroots pro-choice organisation in Ireland, we represent those people directly affected by the 8th Amendment. We represent the 12 women each day who leave Irish shores to access standard medical care. We represent those forced to procure illegal medication online. We represent all those in Ireland who believe that the 8th Amendment must be repealed. We represent young women who live in the shadow of this provision but have never been given the opportunity to vote on it. We believe that in order to secure the human rights of women and girls in Ireland, the 8th Amendment must be repealed. The first section of our submission will focus on the current legal regime and why we believe it must be urgently reviewed. We would strongly advocate that the Citizens’’ Assembly recommend a referendum to repeal this provision. We also believe that Ireland needs to start a discussion about abortion. We need to start a national conversation about why women seek and obtain abortions, what happens when women do not have access to safe abortion, and how abortion should be provided. As such, this document will also outline the Abortion Rights Campaign’s vision for free, safe and legal abortion access in Ireland and why we believe that barrier-free access constitutes best practice in healthcare. In order to ensure that the voice of women is reflected in the work of the Assembly, the Abortion Rights Campaign has reached out to women who have been directly affected by the 8th Amendment. An appendix containing stories from these women can be found at the end of this document. Note: Throughout this document, we will refer to women and girls and their right to choose. We acknowledge however, that not everyone who may require abortion services identifies with that label. In particular, we are referring to trans men and people who identify as non-binary. We use the term ‘women’ but understand that other individuals of all genders and none will benefit from the repeal of the 8th Amendment. 5 REPEALING THE 8TH AMENDMENT WHY WE SHOULD REPEAL THE 8TH In March 2016, a Red C poll commissioned by Amnesty International Ireland 1. Polling data is available here: https://www.amnesty.ie/ found that 87% of respondents favoured a broadening of abortion access wp-content/uploads/2016/03/ in the State.1 The Attorney General has stated that the 8th Amendment Amnesty-International-Ire- precludes any reform of abortion law.2 Until this barrier is removed from our land-February-2016-Poll- ing-Background-Doc.pdf constitution, we cannot legislate to widen abortion access in any way. Until the 8th Amendment is repealed, for example, we cannot provide terminations 2. The Irish Times, 23 June to women who have suffered a fatal foetal diagnosis. Until the 8th is 2016: http://www.irishtimes. repealed, women will continue to leave Ireland to access what is basic health com/news/politics/pro- posed-fatal-foetal-abnormali- care in other jurisdictions. ty-bill-to-be-ruled-unconstitu- tional-1.2695377 Here are 8 reasons why we believe the Citizens’ Assembly must recommend the repeal of the 8th Amendment: 1. The 8th Amendment equates the life of women with that of an embryo. 2. The vast majority of women who need or want abortions cannot access them under our laws. 3. Women have already died in Ireland after being denied life-saving terminations. 4. At least 150,000 women have travelled to other jurisdictions to access abortions since 1980. 5. Thousands of women are unable to travel for family, health or financial reasons. 6. People who procure an abortion in the State risk 14 years imprisonment. 7. The majority of people in Ireland support considerably wider access to abortion. 8. The life and health of a pregnant woman has a much greater value than our constitution places on it. Ireland is the only democratic country in the world to have a constitutional 3. The Irish Times “Why Ireland is the only country in 3 ban on abortion. The 8th Amendment cannot continue to control the lives the democratic world to have a of women and girls in Ireland. The current law breaches our human rights constitutional ban on abortion” obligations and puts women in danger. The Citizens’ Assembly should 26 August 2014 recommend that a referendum to repeal the 8th Amendment be held within the earliest possible timeframe. 7 87% 87% of respondents favoured a broadening of abortion access in Ireland Abortion is a health care issue, and the specifics of its availability have no place in a constitutional document. When and how abortion is available in Ireland should be a matter for the democratically elected legislature to determine. Legislation will necessarily reflect the will of the people, having been drafted and debated by their elected representatives. Such legislation can also be amended to reflect emerging best practice in reproductive health care and human rights. The Citizens’ Assembly should recommend a referendum to repeal the 8th Amendment, followed by the introduction of legislation to define abortion access in Ireland. We have outlined 8 of the most pressing reasons to repeal the 8th above. But the reality is that there are thousands more reasons. Each woman who has had an abortion in Ireland over the past 33 years had a personal and valid reason for the choice she made. We ask the Citizens’ Assembly to trust these women, and all those who will come after them. Repeal the 8th Amendment. Let women choose. In the following sections, we will outline the reality of abortion in Ireland and the impact of the 8th Amendment, as well as international condemnation of the State’s abortion regime. 8 THE REALITY OF ABORTION IN IRELAND MAIN BARRIERS TO TRAVEL FINANCIAL LEGAL STATUS CHILDCARE HEALTH Of courseEvery it’s year, possible thousands to regret having of women had an across abortion, Ireland possible access women abortion who astake part them of here risk4. up Sedgh to 14 et yearsal “Abortion in prison. Inci -These to experience feelings of regret or loss afterwards, and we do not limited options for women alreadydence in precarious between 1994 financial and 2014: situations their fundamental healthcare needs. Although there have been attempts to global, regional and subregional wish todistort erase thethis experiences picture through of women suggestions who do. However that the it is 8th Amendmentare not good enough.has served These womenlevels andneed trends” access The to Lancet free, safe also possible to feel a sense of relief and closure after having an and legal abortion in Ireland. to eliminate access to abortion in Ireland, the reality is that abortion is a 2016 abortion. Similarly, it’s possible to regret having placed a child for common medical practice accessed by Irish women, either by travelling adoption, having adopted a child, having given birth, not having WOMEN WHO WANT ABORTIONS CAN JUST GO TO THE given overseasbirth – or not or having by taking had the the choice abortion not to pill give at birth. home Such and is riskingUK OR 14 OTHER years PLACES, in prison. WHY DO WE NEED TO LEGALISE IT the varietyStatistics of human bear experiences out the fact and that emotions. our restrictive regime hasHERE? not deterred women from obtaining abortions, it only serves to makeUnfortunately accessing for them many people in need of abortion access the Significantly,more difficult,restricting women’s expensive access and to lessabortion safe. does This provoke is not a shortfinding trip to unique the UK tois notIreland. as simple as it might sound. There are 4 feelingsA recentof depression global and study anxiety conducted and does increasein collaboration the risk withmain the Worldbarriers Health to travel: of suicideOrganisation in pregnancy. found This burdenthat the is merelylegality exacerbated or illegality by of abortion does not affect the the isolationrate at and which stigmatisation women accessfelt by those the compelled service.4 to travel Financial: A trip to the UK for an abortion can cost upwards overseas for access to safe, legal abortion services. 1 of €1000. For many people this is a prohibitive amount of In 2015, 3,451 individuals travelled from Ireland to Englandmoney and andWales not somethingto they5. From can Abortion raise easily. Statistics, Women Eng- have land and Wales 2015.
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