Abortion Rights in Quebec and Ireland: Divergent Paths Laura Harris A DISSERTATION SUBMITTED TO THE FACULTY OF GRADUATE STUDIES IN PARTIAL FULLFILLMENT OF THE REQUIREMENTS OF THE DEGREE OF DOCTOR OF PHILOSOPHY GRADUATE PROGRAM IN POLITICAL SCIENCE YORK UNIVERSITY TORONTO, ONTARIO November, 2013 ©Laura Harris, 2015 Abstract The ability to control one’s personal reproduction should be experienced by all women, regardless of citizenship. For Irish women, however, this does not exist. Ireland’s constitutional protection of a fetal right to life exists in direct conflict with a woman’s right to control her body. At first glance, one might point toward Ireland’s Catholicism, or perhaps its strong sense of nationalism, as likely reasons. When we consider Quebec, a jurisdiction with a historically strong sense of both Catholicism and nationalism, the answer as to why Ireland has one of the most conservative policies against abortion in the western world becomes more complex. By considering competing institutional strategies, the role of nationalism, the role of Catholicism, elites, and other interest groups, and the impact of multi-level governance, this dissertation seeks to uncover how Ireland and Quebec have such different policies regulating abortion rights. With regard to institutions and opportunities for the success of social movements, I consider which factors have been both present and absent from the reproductive rights movement in Ireland, ultimately leading to an incredibly slow progression of the liberalization of abortion access. I emphasize the ways that authoritative agents such as Dr. Henry Morgentaler, political institutions such as the Canadian Charter of Rights and Freedoms and an effective women’s movement came together to foster the necessary climate for change. I also consider the role of various institutions which affected (both via their presence and absence) the reproductive rights movement in both Quebec and Ireland. ii Through this dissertation I found that a jurisdiction’s abortion policy is actually a result of a number of intersecting variables. In the case of Ireland, abortion policy has remained quite restrictive as a result of a lack of political opportunity structures that aide in creating a more liberal policy. In Quebec, political opportunities were available for change via institutions such as the Charter, thus allowing for abortion policy to be liberalized. Furthermore, the avenues available for women’s movements to create change were very different in Ireland and Quebec. iii Dedication Brad- We’ve come so far since that day, and I thought I loved you then… Andrew and Claire- On the night you were born, the moon smiled with such wonder that stars peeked in to see you and the night wind whispered ‘Life will never be the same’ because there had never been anyone like you, ever in the world. iv Acknowledgements I would like to thank my supervisor, Dr. Heather MacRae. Heather was supportive and patient during each stage of this process, from the countless emails to the seemingly endless revisions, she always offered constructive guidance and hope that one day this would indeed be finished. This dissertation would not have been possible without the dedicated support from my committee members, Dr. Patricia McDermott and Dr. Ann Porter. Also, thank- you to my external examiner, Dr. Melissa Haussman for her thorough commentary. Thank-you to Dr.Shelley Gavigan and Dr. Barbara Cameron for their expertise. My journey through the PhD process would never have begun without the dedication and guidance of my Master’s supervisors, Dr. Leah Bradshaw and Dr. Pierre Lizée. Together they encouraged the beginning of my quest for knowledge and over the years they have both been there to lend a supportive ear whenever necessary. I would like to thank my parents, Paul and Sharron Harris for their continued encouragement. I am particularly grateful for my mother and her patience and guidance throughout the entire writing process. Finally, this project would never have come to fruition without the ever present support and love of my partner and best friend Brad, our son Andrew and our daughter Claire. Each day throughout this very trying process they inspired me to keep going and see this project through. In particular, Brad has shown me how to remain dedicated to a project even in the toughest of times. Our son Andrew has taught me what it truly means to be brave, tough and incredibly strong even when things seem nearly impossible. Andrew and Claire have both v shown me first hand that anything is possible, with a little bit of courage and a lot of stubborn determination. vi Table of Contents Abstract ii Dedication iv Acknowledgements vi Table of Contents ix Chapter 1: Introduction 1 Chapter 2: Framing the Abortion Debate 8 Feminist Lens 9 Political Opportunity Structures 15 Institutions 20 Methodology 27 Chapter 3: History of Abortion Law in Ireland 33 Abortion in Ireland under UK/British Law 34 Foundations of the Right to Life of the Unborn 41 The X Case, 1992 47 Irish Abortion Law and the ECJ and ECHR 57 Irish Abortion Law at present 63 Chapter 4: History of Abortion Law in Quebec 67 Situating Quebec in a Federal State 68 Political Change in Canada 72 Dr. Morgentaler’s Influence 79 Tremblay v. Daigle 98 Abortion in Quebec and Ireland Compared 108 Conclusion 111 vii Chapter 5: Nationalism 113 Nationalism and Mothering in Ireland and Quebec 114 Understanding Irish Nationalism 117 Irish Nationalism and Mothering 120 Quebec Nationalism and Mothering 132 Impact of Nationalism on Restrictive Abortion Policy 140 Conclusion 147 Chapter 6: Catholicism and Reproduction in Ireland and Quebec 149 Theoretical Foundations for Catholic Positions on Abortion 150 The Irish Catholic Church and Reproduction 153 Manifestations of Catholic Values in Ireland 155 Irish Catholic Based Pro-Life Interest Groups 158 Quebec and Catholicism 162 Quebec Catholic based Pro-Life Interest Groups 168 Decline in Catholicism Compared 170 Chapter 7: Interest Groups, Agents and Avenues for Change 172 Ireland’s Pro-Choice Movement and Women’s Movement 175 Quebec Pro Choice Interest Groups and Women’s Movement 182 Irish Women’s Movement and Reproduction 188 Irish Public Opinion on Abortion 200 Conclusion 202 Chapter 8: Authoritative Agency 204 Authoritative Agents/ Elite Support 208 Role of Dr. Morgentaler and his Supporters 210 Role of Justice Wilson 215 Potential Authoritative Agents in Ireland 222 Role of Justice McCarthy in Ireland 223 viii Chapter 9: The Significance of Multilevel Governance 228 Reproductive Rights Movements: Federalism’s Impact in Quebec 230 Impact of the UN, EU and ECHR on Ireland 233 Poland: An Interesting Comparator 248 Conclusion 262 Chapter 10: Conclusion 267 Bibliography 277 Appendices Appendix 1- History of Reproductive Rights in Ireland 297 Appendix 2- History of Reproductive Rights in Quebec 300 ix Chapter 1- Introduction Savita Halappanavar's family said she asked several times for her pregnancy to be terminated because she had severe back pain and was miscarrying. Her husband reports that Savita was denied an abortion as there was a foetal heartbeat. Praveen Halappanavar said staff at University Hospital Galway told them Ireland was "a Catholic country". When asked if he thought his wife would still be alive if the termination had been allowed, Mr Halappanavar said: "Of course, no doubt about it." "They said unfortunately she can't because it's a Catholic country," Mr Halappanavar said. "Savita said to her she is not Catholic, she is Hindu, and why impose the law on her. But she said 'I'm sorry, unfortunately it's a Catholic country' and it's the law that they can't abort when the fetus is alive (Cullen, Holland & Hennessy, 2012). The devastating case, and ultimately death, of Savita Halappanavar highlights a recent example of how difficult it is for women to obtain a legal abortion in Ireland today, despite decades of activism from pro-choice advocates. Although there are instances when an abortion may be obtained legally, for example if a woman’s life is in imminent danger as a result of her pregnancy, the details still have yet to be fully clarified by the Irish state and, as a result, access remains highly restrictive. Halappanavar may, in fact, have qualified for a legal abortion in Ireland, as her life was in imminent danger; however the necessary guidelines to allow a doctor to legally perform an abortion have not yet been put into place. Since at least 1992, policy around access to abortion has been a central question in Ireland. Most commonly, analysts suggest that Ireland’s restrictive policies are a result of its strong Catholic heritage and identity. And yet, if we turn to other jurisdictions, such as Quebec, which have also historically formed an identity around a Catholic heritage, we can see that Catholicism alone does not explain policy towards access to abortion. In fact, Quebec has been at the forefront of the Canadian campaign for more liberal access. 1 Clearly, other variables must also be important. In this dissertation, I draw on a comparison of Ireland and Quebec to understand which factors influence the formulation of abortion policy in a complex society. Through an investigation of several possible factors in two jurisdictions with vastly different approaches to abortion, I will show that the development of abortion policy is dependent on a number of different factors and variables including, religion, nationalism, structures of governance, policy entrepreneurs and political opportunity structures. At first glance, this comparison of Ireland and Quebec may seem unusual, given the differences in jurisdiction. However, as I show below these two share a number of commonalities which make the comparison relevant. Access to abortion is an important aspect of women’s emancipation. The right to control your own body is central to equality and personhood.