Ireland on the Frontline: challenging foetal rights ideologies

Abstract

In 2013, I wrote about the rise in foetal rights ideology and the consequences for women in Ireland and globally. I looked at both developments in the U.S and in Ireland and used the example of judgments from the Canadian Supreme Court as a reference point for kind of debate that is needed in Ireland. I view Ireland as on the global frontline in the battle over women’s reproductive rights and the fight for reproductive justice. Many things have changed since I wrote the chapter for Abortion in Ireland Volume 2 (Quilty et al 2013) and not much for the better. Ireland is among a few few countries across the globe with the most restrictive abortion law, together with a highly restrictive clause establishing foetal rights in the constitution. The full weight of criminal law penalties is used to create nervousness and fear among women and potential health service providers. A pregnant woman who accesses abortion, or anyone who assists or facilitates her in accessing abortion, other than when her life is in danger (under strict conditions of verification) face a penalty of 14 years in prison.