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    Provision may be made by law for the regulation of termination of pregnancies. This means that the Oireachtas can legislate for the termination of pregnancies, and paves the way for legislation to be drafted regarding abortion which wouldn’t be affected by the Constitution. It would mean that the right of the unborn is no longer in the Constitution, so any abortion law would not have to be made with regard to this former constitutional right. Up until now, any laws on abortion have had to be interpreted with regard to the Eighth Amendment, in order to be found constitutional. Source: /YouTube Orla Ryan has also examined further cases in this piece.

    If the Eighth Amendment is repealed, and the government legislate for abortion as planned in its General Scheme, abortion will not be legal up to birth for any reason. Head 4 deals with situations where there is a risk to life or serious health to the mother. In these cases, if two doctors deem that the risk can only be averted through a termination, they also have to certify that the foetus has not reached viability.

    If it has, an early delivery would be the option undertaken by doctors caring for the woman and her unborn. Current law also allows for same. The legislated for the X Case, during which the Supreme Court ruled (a judgement subsequent referenda showed the people of Ireland agreed with) that where a woman’s life was at risk by suicide, she was entitled to a lawful abortion in Ireland. The legislation outlines how three doctors, including one obstetrician and two psychiatrists, must certify that there is a “real and substantial” risk to life by suicide and that the risk of her dying can only be averted through a termination.

    In 2014, three terminations were carried out because of a risk to the life of the mother by way of suicide. In 2015, three terminations were carried out because of a risk to the life of the mother by way of suicide.

    In 2016, one termination was carried out because of a risk to the life of the mother by way of suicide. The figures for 2017 will be published in June of this year. Savita Halappanavar on 28 October 2012 at University Hospital Galway. She was 17 weeks pregnant. The cause of death was recorded as severe sepsis, E.coli in the bloodstream and a miscarriage at 17 weeks. Source: Niall Carson/PA Wire Investigations into her death did not specifically examine whether Article 40.3.3 had any act or part in her illness but two of the three recommended further scrutiny of the law of the day.

    Both the coroner and the author of the HSE’s independent investigation, Professor Sabaratnam Arulkumaran made clear that changes in law would be welcome. Hiqa did not mention the Eighth Amendment or the Constitution in its report, but detailed 13 times where there were missed opportunities to intervene and save her life.

    During the Oireachtas committee hearings last year, Professor Arulkumaran said: “It was very clear to me during the inquiry that the thing preventing the physician from proceeding was the legal issue because she repeatedly said she was concerned about the legal issue. I will give a little bit of explanation.

    As soon as it is run through the private sector, there are import taxes and a mark-up at approximately five places along the way. It should be and can be cheap, but it is not always. Read more from the investigation Simon Coveney said in a column with the Times Ireland Edition that abortion clinics will not be a feature in Ireland if the Eighth Amendment is repealed.

    His government wants a GP-led system. However, the detail of that has yet to be worked out. It is proposed that abortion would be made available without restriction up to 12 weeks of pregnancy and it is envisaged that this would take place in most cases in a GP setting. The extent to which private abortion clinics would be part of Ireland’s future provision of services is unclear – bar Coveney categorically ruling them out (but again with little detail of how) – but there is no reason to believe they will not be present. Speaking to TheJournal.ie, Peter Boylan welcomed the intervention from Coveney, saying it was “reassuring”.

    Asked how a GP-led system would work practically, he said. Source: /YouTube The type of abortion a woman or girl has depends on a number of factors, including:. how many weeks pregnant she is. any medical conditions she may have. whether she wants to be sedated They are divided into two categories: medical or surgical. Medical abortions mean the woman takes two medications - mifepristone and misoprostol – more commonly known as the ’abortion pill’ which can be taken up to 24 weeks.

    Different doses are prescribed depending on the gestation of the pregnancy. If the referendum passes, this is likely to make up the majority of abortions in Ireland through a GP-led service. Surgical abortion is carried out by vacuum aspiration up to 15 weeks of pregnancy and by dilation and evacuation between 15 and 24 weeks of pregnancy. The latter would be done in a hospital setting in exceptional circumstances.

    You can read more about the different types of abortion procedures. Update 17 May: Related to this question, readers have asked for more detail about the process and what happens to the foetus and if it feels pain.

    The Journal of the American Medical Association (JAMA) examined the issue and said that 'evidence regarding the capacity for fetal pain is limited' but added that 'fetal perception of pain is unlikely before the third trimester'. Explaining their conclusion, the authors say: 'Pain is an emotional and psychological experience that requires conscious recognition of a noxious stimulus. Consequently, the capacity for conscious perception of pain can arise only after thalamocortical pathways begin to function, which may occur in the third trimester around 29 to 30 weeks’ gestational age, based on the limited data available.

    Cutaneous withdrawal reflexes and hormonal stress responses present earlier in development are not explicit or sufficient evidence of pain perception because they are not specific to noxious stimuli and are not cortically mediated. Speaking in more lay terms on on 15 May, Professor Paula Murphy - a developmental biologist who specialises in embryonic and foetal development - explains, 'Up to 24 weeks, it's not possible for any awareness or pain sensation even though the nervous system is being constructed. 'Some people point to reflex responses in the foetus before that - a foetus will respond to touch - but this is a spontaneous reflex that is controlled through the spinal cord, not through the front of the brain where awareness would be recorded.' Editor’s note: We have updated this entire answer as there has been further commentary around it.

    It is the only overt constitutional protection but the legal world is divided on whether repealing the Eighth would mean there are no rights whatsoever conferred on the unborn in Bunreacht na hEireann. Earlier this year, a case landed in the Supreme Court which looked at this question.

    In its complex and significant ruling in the deportation case, the seven-judge panel clarified that the unborn has, and that references to “the unborn” do not mean an unborn child. However, they found that the Minister “is obliged” to consider pregnancies and the rights that the unborn will acquire on birth “as a relevant factor” in deportation cases. You can read more about that case and what it means for the Constitution. Former Chief Justice Ronan Keane wrote a piece for the Irish Times outlining why he believes there could still be constitutional rights for the unborn.

    He was responding to a letter by retired judge of the High Court Bryan McMahon who said the opposite – that repealing the Eighth would be there would be be no constitutional protection for the unborn. You can read that letter.

    There will still be legislative protections for the unborn if the Eighth Amendment is repealed. The draft proposal released by the Department of Health deals with this question under Head 7, which looks at early pregnancy (up to 12 weeks).

    It outlines how it will be lawful to terminate a pregnancy if a medical practitioner (a registered doctor), in his or her reasonable opinion formed in good faith, certifies that it has not exceeded 12 weeks. The General Scheme adds: “For the purposes of this Head, ’12 weeks of pregnancy’ shall be construed in accordance with the medical principle that pregnancy is dated from the first day of a woman’s last menstrual period.” Dr Peter Boylan, the chairman of the Institute of Obstetricians and Gynaecologists and the former Master at Holles Street, explains how a doctor will come to his/her decision. Source: /YouTube Again, let’s stress that we are talking about draft legislation here.

    For the purpose of these questions, we’ll presume the draft legislation is turned to law. In that case, the 72-hour reflection period relates to early pregnancy – that is before 12 weeks. Head 4 of the General Scheme deals with situations where there is a risk to the life or the health of the mother, while Head 5 specifically with emergencies when there is a risk to her life or health.

    In both those situations, terminations are lawful without the 72-hour reflection period. In the case of non-emergent risk, two doctors must agree and certify that there is a risk to the life or serious risk to the health of the mother; that the foetus has not reached viability (around 24 weeks) and that a termination is needed to avert the risk. In the case of an emergency, one doctor can certify that in his or her opinion, formed in good faith, that there is an immediate risk to the life or serious health of the woman and the only way to avert that risk is to terminate the pregnancy. This is a somewhat complex, technical question so we’ve drafted in Trinity College Assistant Professor David Kenny to help with the answer. The constitutional expert says that it “not very likely the Irish Supreme Court would play such a significant role in Irish abortion law if the Eighth Amendment were repealed”. He adds that the reasons for this are complicated but he expounds on them. It is not compulsory (or mandatory) to vote in Ireland.

    It is in other countries such as Australia. There will be no vote registered for you. There are no repercussions to oneself if you don’t. But if you change your mind, here’s a handy guide to voting.

    Embed this post To embed this post, copy the code below on your site 600px wide 400px wide 300px wide. TheJournal.ie is a full participating member of the Press Council of Ireland and supports the Office of the Press Ombudsman. This scheme in addition to defending the freedom of the press, offers readers a quick, fair and free method of dealing with complaints that they may have in relation to articles that appear on our pages. To contact the Office of the Press Ombudsman Lo-Call 1890 208 080 or go to or Please note that TheJournal.ie uses cookies to improve your experience and to provide services and advertising.

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