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Abortion Counselling Service

  • 22-05-2007 6:02pm
    #1
    mountainyman
    Closed Accounts Posts: 2,268 ✭✭✭


    John and Mary establish an abortion counselling service.
    As part of their service women are asked the question 'are you sucidal as a result of this pregnancy?'.

    Those who answer yes are referred to a private medical practise which performs abortions in Dublin.

    Is this legal?

    MM


Comments

  • #2
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Article 40.3.3 of constitution:
    The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.

    This subsection shall not limit freedom to travel between the State and another state.

    This subsection shall not limit freedom to obtain or make available, in the State, subject to such conditions as may be laid down by law, information relating to services lawfully available in another state.

    SPUC v. Grogan held providing abortion information about abortion clinics in the UK violated article 40.3.3. This article was then amended after the X case so that information about services outside the state were allowed provided they comply with conditions laid down by law.

    The principle in SPUC v. Grogan would probably apply to services inside the state (whether it applies to services that are constitutinonal, by virtue of the X judgement, i.e. services where the woman is suicidal, is open to debate)


  • #3
    Gobán Saor
    Closed Accounts Posts: 415 ✭✭Gobán Saor


    The X case establishes that an abortion may be legally performed in Ireland if there is a "real and substantial risk" to the life of the mother, including a risk of suicide. I think John and Mary would be well advised to have some evidence of this, such as a psychiatric report. Ticking a box hardly cuts the mustard.


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