Situation of crisis: The complicated relationship between crisis pregnancy and the Irish abortion law (podcast)
In partial fulfilment of the requirements for a Masters in Radio and Television Journalism at the faculty of Journalism and Media Communications of Griffith College Dublin — during the 2017–2018 academic year — I have conducted my thesis on the following topic:
“The impact of the Eighth Amendment of the Irish Constitution on women living in Ireland who experienced a crisis pregnancy.”
For a couple of months, I bend over what has been seen as one of the most controversial issue of the country for decades, to result in a 23-minute radio documentary on the matter.
It involves a passionate debate about the woman’s right to choose and the question of the importance of life: should a mother have the right to end up her pregnancy for any reason? And paradoxically, should the unborn child be protected in every case, even if the mother’s life is at risk?
The purpose of my documentary was thus, to evaluate the impact of the Eighth Amendment — Article 40.3.3 — (see the article here) of the Bunreacht na hÉireann — Irish Constitution — on women living in the Republic of Ireland, who have experienced a crisis pregnancy.
So through the use of interviews, the 23-minute radio documentary reveals the harmful aspect of the abortion law in Ireland and risks pregnant women might face. It also shows the complexity of the debate on the Eighth Amendment and on the abortion referendum held on May 25th, 2018 — to decide if whether or not the law should be repeal from the Constitution — in a country that remains influenced by the church.
And finally to gain a greater understanding of the conflictive history around the issue as well as the current people’s impression on this public matter — from the citizens as from the government.
The Republic of Ireland highly restrictive approach to abortion
Introduced into the Bunreacht na hÉireann in 1983, the Eighth Amendment acknowledges the equal right to life of the unborn and the mother, and allow abortion in one and only circumstance: if there is a direct and immediate threat to the life and the health of the mother.
For the past thirty-five years, the restrictive abortion law has been the subject much dissatisfaction from a part of the Irish population. This law has placed the Republic of Ireland in the top restrictive countries in Europe, to nearly total-ban abortion (see the World’s abortion laws 2008 map).
Indeed, it is one of the last countries in Europe, with Poland to almost totally ban abortion for women and teenagers. Malta remains the only European country that forbids abortion in any circumstances and most of them allow women to abort not later than 10 (Portugal), 12 (Belgium, Switzerland, Belarus, Russia), 14 (France, Germany), 16 (Sweden) or 24 weeks (United Kingdom).
The European Court of Human Rights based in Strasbourg — France — declared that in practice the Irish government made it impossible for women to get medical advice or abortions in some cases.
Under Irish law, a woman who seeks an abortion after rape can face a longer prison sentence than her rapist — The Independent
Focus on crisis pregnancy and its numbers
According to the Irish Contraception and Crisis Pregnancy Study conducted by the Crisis Pregnancy Programme in 2010, a crisis pregnancy is “a pregnancy that represents a personal crisis or an emotional trauma in either of the following circumstances: (a) a pregnancy that began as a crisis, even if the crisis was subsequently resolved or (b) a pregnancy that develops into a crisis before the birth due to a change of circumstances”.
Still according to this 2010 study the term “crisis pregnancy” was officially coined in 2001 in the Republic of Ireland ‘to identify those pregnancies that are unintended and unplanned and that represent a personal trauma for the woman or couple involved’.
They determined that 62% of the women interviewed declared their crisis pregnancies were parenthood, 14% due to a miscarriage, 21% resulted in an abortion and 1% were having an on-going pregnancy.
The Irish Contraception and Crisis Pregnancy Study (ICCP); a study with data owned primarily by the HSE Crisis Pregnancy Programme formerly the Crisis Pregnancy Agency also examines the factors that lead to crisis pregnancy and the services women and men need to support them during and after a crisis pregnancy.
This third national survey was undertaken by the Crisis Pregnancy Programme (CPP) and conducted by Orla McBride, Karen Morgan and Hannah McGee in 2010. It is the result of the 3,002 people aged 18 to 25 and living in Ireland who agreed to participate in addition to the 261 women from Nigeria and Poland — aged 18 to 34 who moved in Ireland after the age of 13 — who participated in the supplementary sample.
The significant information the survey revealed is that one in three women who experience a pregnancy have experienced a crisis pregnancy. It also reveals that women (46%) are less likely to feel that an unexpected or unplanned pregnancy would be a positive event at this time of their life than men (56%).
The study explains that crisis pregnancy can affect every woman from all ages, backgrounds, regardless of age or socio-economics, racial, ethnic, religious or marital status.
Women in Ireland experiencing crisis pregnancies are increasing over the years as the study shows; they are estimated to be 35% in 2010 whereas they were only 28% in the previous the study conducted in 2003. Thus, crisis pregnancy remains a major issue in the Republic of Ireland.
To understand the change of mentalities towards the abortion topic, as it is clearly noticeable the adult population of Ireland who tends to be in favour of repealing the Eighth Amendment of the Irish Constitution, it is crucial to have a look at the survey ‘Attitudes Towards Gestational Limits on Abortion’.
Amnesty International conducted and released it on October 2017; a month after Taoiseach Leo Varadkar announced an abortion referendum date, using the same methodology used for political opinion polls published in the Sunday Business Post: the RED C’s telephone omnibus survey.
The organisation interviewed over 1,000 adults aged 18+ over the phone, reaching different age, gender, socio-economic status and region “in order to ensure a fully representative sample.”
This survey shows that in case of a risk to the health of the woman of the 959 men and the women interviewed, 89% believe abortion should be permitted, particularly those aged 18–34. Thus, 11% remains against an abortion in this case (p6/7).
Furthermore, in case of a pregnancy resulting from a rape, 15% believed abortion should never occur for this reason and 31% no more than 12 weeks gestation only. Age is a key factor “in attitudes as those in favour of allowing abortion in cases of rape” 98% of the 18–24 age group are in favour while the 65+ age group are 73% in favour (p8/9).
Additionally, the survey revealed that in case the unborn child has a foetal abnormality that is likely to result in death before or shortly after birth, 19% believed abortion should never occur for this reason. In that case, women are more likely to say “never for this reason” — 25% whereas 12% for the men (p10/11).
Finally, in the case of an abortion available on request without restriction as to reasons, 40% believe it should not be permitted to have an abortion and 6 in 10 agree either with gestational limits or none at all; significantly people aged under 35 (p16/17).
To conduct this documentary, I went to many demonstrations and activists meetings from both Pro-Choice and Pro-Life campaigners, after the announcement from the Taoiseach — prime Minister — Leo Varadkar shortly after he took office last year to hold a Referendum on abortion at the end of May 2018. This day, Irish citizens have to adjudicate if whether they want to repeal the Eighth Amendment from the Irish Constitution.
In case of a majority of people voting Yes, the Irish government had declared its willingness to present a bill to parliament that would allow abortion for any reason up to 12 weeks. Moreover, an abortion will also be possible between 12 to 24 weeks only in case of fatal foetal abnormality as well as if the life or the health of the woman is at risk. After 24 weeks, a fatal foetal abnormality will be the only condition for a person to resort to an abortion.
To conduct this radio documentary I also met various actor of the Irish scene to find the five contributors who drive the narrative:
- Shaneda Daly, an Irish woman who was raped for fourteen years by her father and has experienced a crisis pregnancy.
- The Irish Times columnist Breda O’Brien on the board of the No side.
- Brendan McDonnell an obstetrician.
- Sheila de Courcy, a woman campaigning with Together For Yes — Pro-Choice organisation.
- And the Teachta Dála (TD) People Before Profit for Dublin Middle West Gino Kenny, a member of the Dáil Éireann — the lower house of the Irish Parliament.
Post referendum result
On May 25th, 2018, Irish people have declared at 66.4 %, their willingness to repeal the Eighth Amendment (see the detailed result here) and to give the choice to women.
On September 18th, 2018, President Michael D Higgings sign the Bille giving effect to the abortion referendum result into law and officially repealed the Eighth Amendment of the Irish Constitution.
Taoiseach Leo Varadkar earlier said that legislation allowing for abortion during the first 12 weeks of pregnancy will be introduced in the Dáil in the first week of October (https://www.irishtimes.com/news/politics/president-signs-bill-repealing-eighth-amendment-into-law-1.3633601).
