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The 8th amendment(Mod warning in op)

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Comments

  • Registered Users, Registered Users 2 Posts: 7,447 ✭✭✭Calhoun


    NuMarvel wrote: »
    The European Court of Human Rights is like any other court and can only act on the basis of cases it hears. It can't proactively evaluate a country's laws to determine if they are in compliance with the Convention.

    That said, Ireland's abortion laws have been the subject of at least three ECHR cases: Well Woman & Open Door in 1992, D v Ireland in 2006, and A,B, & C v Ireland in 2010.

    Well Woman/Open Door related to the provision of information, and Ireland lost that case, with our laws as they were then being found to be a breach of the human rights granted by the Convention. That's at least part of the reason we held a referendum on access to information in 1992.

    D v Ireland was about accessing abortion in the case of FFA, but the case was dismissed as Ms D hadn't gone through the courts in Ireland first, which is a requirement of bringing a case to the ECHR.

    A, B, & C v Ireland was an amalgamation of cases brought by 3 separate women (referred to as Ms's A, B, and C) around accessing abortion in differing circumstances. A and B lost their cases, but C's rights were found to be breached as our laws didn't set out how the a woman could access a legal abortion in Ireland. In other words, there was no legislation for the X Case. The outcome of that was the introduction of the Protection of Life During Pregnancy Act in 2013.

    In addition, the courts in Northern Ireland have found that their laws, which would be similar to ours, are also a breach of the Convention by not allowing access to abortion in cases of rape, incest, and FFA. That finding is being appealed, so it may change, and it doesn't directly apply to us. But at the same time, legislators would be remiss not to consider the finding when drafting post-repeal/change laws on abortion.

    Thanks for that, i wasn't aware of the status of cases taking against Ireland on this, i would have thought something so unpopular would have been challenged.

    If you will allow me to be a little bit lazy, what kind of fines would Ireland face if it broke such laws? I need to do my own research but dont have the time at the moment but would like to tease this argument out.


  • Registered Users, Registered Users 2 Posts: 3,279 ✭✭✭NuMarvel


    Calhoun wrote: »
    Thanks for that, i wasn't aware of the status of cases taking against Ireland on this, i would have thought something so unpopular would have been challenged.

    If you will allow me to be a little bit lazy, what kind of fines would Ireland face if it broke such laws? I need to do my own research but dont have the time at the moment but would like to tease this argument out.

    If a country is found to be in breach of the Convention, they usually have to pay damages to the person or people who brought the case and change their laws to bring them in line with the Convention.

    That said, I don't think there is any actual fine or sanction for not changing the laws. At least, none that I can find reference to. And this article backs that up, by stating "While countries are obliged to abide by the judgments of the European Court of Human Rights, the Council of Europe [the body that set up the ECHR] cannot implement sanctions on countries."

    That's not to say that a country can completely ignore the ECHR. The Council of Europe monitor governments' plans to change their laws, and pressure can be brought to bear locally as well.

    For example, it took 5 years for our laws on homosexuality to be changed after Norris's ECHR case, and that's mainly credited to the mother of a gay man meeting with the then-Justice Minister and asking why the law hadn't been changed yet. Similarly, public outcry over the death of Savita Halappanavar meant the government couldn't put the ABC ruling on the long finger any longer.


  • Registered Users Posts: 33,757 ✭✭✭✭RobertKK


    I am totally converted now to the prochoice argument...

    https://twitter.com/jpy_kurdish/status/861404580768362496


  • Closed Accounts Posts: 1,039 ✭✭✭B_Wayne


    RobertKK wrote: »
    I am totally converted now to the prochoice argument...

    https://twitter.com/jpy_kurdish/status/861404580768362496

    Perfectly fair point. Eg during the marriage referendum. Gay people marrying wasn't my battle but I offered help and support during the campaign. Basically, she's saying that she doesn't want men to take control of the campaign. Nothing wrong with saying that.

    What's much more worrying is all the racist slurs and sexist remarks about her appearance in the responses, there's literally hundreds and it's all tends to be racist and sexist. So well done at finding a really old video that was reposted that's being spread by a racist alt right account.


  • Registered Users Posts: 33,757 ✭✭✭✭RobertKK


    B_Wayne wrote: »
    Perfectly fair point. Eg during the marriage referendum. Gay people marrying wasn't my battle but I offered help and support during the campaign. Basically, she's saying that she doesn't want men to take control of the campaign. Nothing wrong with saying that.

    What's much more worrying is all the racist slurs and sexist remarks about her appearance in the responses, there's literally hundreds and it's all tends to be racist and sexist. So well done at finding a really old video that was reposted that's being spread by a racist alt right account.

    Yeah, the women are all virgins and have immaculate conceptions, so nothing to do with men.
    It is strange how for some women when the unborn in is their womb, it is their body and a man should have no say, but if she was to let it be born she wouldn't be saying the man has no say, they would be after money to raise the child.


  • Closed Accounts Posts: 1,039 ✭✭✭B_Wayne


    RobertKK wrote: »
    Yeah, the women are all virgins and have immaculate conceptions, so nothing to do with men.
    It is strange how for some women when the unborn in is their womb, it is their body and a man should have no say, but if she was to let it be born she wouldn't be saying the man has no say, they would be after money to raise the child.

    If somebody got to make decisions on the behalf of your body, would you be fine with that? She was also discussing allies in her speech and how the campaign should be conducted.


  • Registered Users, Registered Users 2 Posts: 7,447 ✭✭✭Calhoun


    B_Wayne wrote: »
    Perfectly fair point. Eg during the marriage referendum. Gay people marrying wasn't my battle but I offered help and support during the campaign. Basically, she's saying that she doesn't want men to take control of the campaign. Nothing wrong with saying that.

    What's much more worrying is all the racist slurs and sexist remarks about her appearance in the responses, there's literally hundreds and it's all tends to be racist and sexist. So well done at finding a really old video that was reposted that's being spread by a racist alt right account.

    Its great to see this one surface again, its actually what set me on the path to be contrary to feminist point of view.

    She is basically saying that men don't have a vote in a democratic process and should shut up. There is allot wrong with that i don't know where to begin.

    The comments i have seen are not bad they are questioning the high standard she has for Ireland compared to her own country. People don't like outsiders who have come to this country and benefited greatly from it to be telling half the voting population that its none of their business.

    Its views like hers that will sink this whole referendum when it does come around.


  • Closed Accounts Posts: 1,039 ✭✭✭B_Wayne


    Calhoun wrote: »
    Its great to see this one surface again, its actually what set me on the path to be contrary to feminist point of view.

    She is basically saying that men don't have a vote in a democratic process and should shut up. There is allot wrong with that i don't know where to begin.

    The comments i have seen are not bad they are questioning the high standard she has for Ireland compared to her own country. People don't like outsiders who have come to this country and benefited greatly from it to be telling half the voting population that its none of their business.

    Its views like hers that will sink this whole referendum when it does come around.

    No, the comments are largely from people not in Ireland. Even the originating account is Canadian. How dare anyone use her race or appearance to judge her. That's what most of the comments are. I have no idea if she is originally from her Ireland, her points are valid and absolutely do not justify a bunch of racists going on rants against her. That's what 90% of the comments are.

    The most favourited response simply reads.
    What is a negro doing in Ireland?!
    So stop bs'ing and claiming that it's not a racist pile on.


  • Registered Users, Registered Users 2 Posts: 7,447 ✭✭✭Calhoun


    B_Wayne wrote: »
    No, the comments are largely from people not in Ireland. Even the originating account is Canadian. How dare anyone use her race or appearance to judge her. That's what most of the comments are. I have no idea if she is originally from her Ireland, her points are valid and absolutely do not justify a bunch of racists going on rants against her. That's what 90% of the comments are.

    The most favourited response simply reads.

    So stop bs'ing and claiming that it's not a racist pile on.

    I havent really read the comments but while i condemn them i don't really care about them. Crap is on the internet folk from abroad are going to comment on it, especially if the good folk across the pond get their hands on it.

    My main concern is the crap she is spouting about Irish citizens. So get off your white night high horse trying to turn this whole discussion into a race argument.

    Its crap like this video that will sink this referendum, especially if we have a doubling down and conversation about the crap like in this video is not allowed be challenged because its "racist".


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  • Registered Users Posts: 33,757 ✭✭✭✭RobertKK


    B_Wayne wrote: »
    If somebody got to make decisions on the behalf of your body, would you be fine with that? She was also discussing allies in her speech and how the campaign should be conducted.

    But when there is an abortion, is the woman terminating her life, or that of a human life within her body?
    Her body is not just one life, but two lives.
    So while the argument is my body, my choice, the body that is being terminated is not her body per se.


  • Closed Accounts Posts: 1,039 ✭✭✭B_Wayne


    Calhoun wrote: »
    I havent really read the comments but while i condemn them i don't really care about them.

    Crap is on the internet folk from abroad are going to comment on it. My main concern is the crap she is spouting about Irish citizens. So get off your white night high horse trying to turn this whole discussion into a race argument.

    Its crap like this video that will sink this referendum, especially if we have a doubling down on the whole conversation and crap like this video is not allowed be challenged because its "racist".

    You literally just mentioned the comments you had seen in response to me commenting on the comments. :rolleyes: She said absolutely nothing wrong in my opinion, I think it's utterly wrong that we ever enshrined control over a woman's body into our constitution. She spouted no crap and said women should be at the forefront of this campaign.

    In terms of why this video resurfaced at all today is because a racist scumbag tweeted it. So yep, I think there is very much so an element of racism in terms of finding a problem with what she said. She said what a lot of women do feel about the position the state presently puts them in.

    In terms of her being from or not from Ireland, I don't think it remotely matters. We're currently going through Ms Y, a refugee who couldn't travel because she was not an EU citizen. She was raped, suicidal and wanted an abortion. Is her opinion less valid because she's not from Ireland? She might not have a vote but she is affected by our archaic policies.

    Take offence all you want but I could send that video onto my seventy year old mum and I doubt she'd be disagreeing. She's pretty conservative too but her views on abortion have largely changed as of late. The reason being is that women have been open about how they feel. They have told their stories and have every reason to be outraged.


  • Registered Users, Registered Users 2 Posts: 8,760 ✭✭✭volchitsa


    RobertKK wrote: »
    But when there is an abortion, is the woman terminating her life, or that of a human life within her body?
    Her body is not just one life, but two lives.
    So while the argument is my body, my choice, the body that is being terminated is not her body per se.

    If I came at you now with a knife, a bystander would presumably be entitled to hold me down, tie me down if necessary, to stop me, right?

    Should we do the same to a pregnant woman who is determined to abort her pregnancy?

    And since we don't, isn't that evidence that the majority of our society doesn't actually see the unborn as being the equivalent to a born person in the way you have tried to present it?

    Reem Alsalem UNSR Violence Against Women and Girls: "Very concerned about statements by the IOC at Paris2024 (M)ultiple international treaties and national constitutions specifically refer to women & their fundamental rights, so the world (understands) what women -and men- are. (H)ow can one assess fairness and justice if we do not know who we are being fair and just to?"



  • Registered Users, Registered Users 2 Posts: 7,447 ✭✭✭Calhoun


    B_Wayne wrote: »
    You literally just mentioned the comments you had seen in response to me commenting on the comments. :rolleyes: She said absolutely nothing wrong in my opinion, I think it's utterly wrong that we ever enshrined control over a woman's body into our constitution. She spouted no crap and said women should be at the forefront of this campaign.

    In terms of why this video resurfaced at all today is because a racist scumbag tweeted it. So yep, I think there is very much so an element of racism in terms of finding a problem with what she said. She said what a lot of women do feel about the position the state presently puts them in.

    In terms of her being from or not from Ireland, I don't think it remotely matters. We're currently going through Ms Y, a refugee who couldn't travel because she was not an EU citizen. She was raped, suicidal and wanted an abortion. Is her opinion less valid because she's not from Ireland? She might not have a vote but she is affected by our archaic policies.

    Take offence all you want but I could send that video onto my seventy year old mum and I doubt she'd be disagreeing. She's pretty conservative too but her views on abortion have largely changed as of late. The reason being is that women have been open about how they feel. They have told their stories and have every reason to be outraged.

    I was talking about the top couple of comments i scanned.

    She said allot wrong but why are you even arguing this? know your place :P. I think its utterly wrong that in such an important democratic process like voting on a referendum that the rights of the otherside of the population don't matter. For now fact of the matter is both men and women get a say on what is enshrined in the constitution.

    The fact of the matter is how it resurfaced doesnt really matter, i am sure it would have at some point as its exactly the type of thing the pro-life campaign would like to get out there. Are we allowed discuss the content of what she is saying or is that racist?

    I think it matters where she is from, maybe not to you or I but to general population it might. The Mrs Y case is horrible but it is an outlier case and we don't really want to bring up the rabbit warren of refugees applying to Ireland even though we share no land border with Europe.

    Believe it or not i don't really care what your old mother thinks, she was part of the god fearing generation which has us in the mess we are now. It still doesnt change the fact that what this video is playing on is identity politics, if you think for one minute that playing that game of male versus female is going to do anything but hurt your argument you are wrong.


  • Registered Users, Registered Users 2 Posts: 6,913 ✭✭✭Absolam


    volchitsa wrote: »
    If I came at you now with a knife, a bystander would presumably be entitled to hold me down, tie me down if necessary, to stop me, right?
    Should we do the same to a pregnant woman who is determined to abort her pregnancy?
    And since we don't, isn't that evidence that the majority of our society doesn't actually see the unborn as being the equivalent to a born person in the way you have tried to present it?
    Weeeelll... a bystander would certainly be within the law to use force to restrain you in those circumstances, so arguably legal force could be used to restrain a woman from trying to kill an unborn person. The fact that, generally, we don't probably owes more to the fact that both are quite unusual circumstances, and people (to a large degree) are not legally obliged to intervene in those circumstances, even if they arguably have a moral obligation.


  • Closed Accounts Posts: 9,057 ✭✭✭.......


    This post has been deleted.


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  • Registered Users Posts: 1,340 ✭✭✭Consonata


    Calhoun wrote: »
    I think it matters where she is from, maybe not to you or I but to general population it might. The Mrs Y case is horrible but it is an outlier case and we don't really want to bring up the rabbit warren of refugees applying to Ireland even though we share no land border with Europe.

    It isn't an outlier case for a few reasons, mainly the fact that the only difference between Mrs. Y and other Irish people seeking an abortion is means of travel.

    For her it was a legal barrier, for if she left the country she may not have been able to return.

    For others it is an economic barrier where they may not be able to afford the travel costs/accommodation/procedure that would be required when having the procedure in the UK

    Now if your response to that is "well abortion is a privilege so costs are to be expected" then that is a whole other can of worms, but if you accept that Mrs. Y's case is terrible and should not have happened, then you should at least accept that she is not an outlier.


  • Registered Users Posts: 11,996 ✭✭✭✭PopePalpatine


    B_Wayne wrote: »
    The most favourited response simply reads:
    What is this negro doing in Ireland?!

    So stop bs'ing and claiming that it's not a racist pile on.

    Isn't it funny that pro-lifers aren't being asked by self-described "fence-sitters" to disown the assholes on their side?


  • Registered Users, Registered Users 2 Posts: 7,447 ✭✭✭Calhoun


    Consonata wrote: »
    It isn't an outlier case for a few reasons, mainly the fact that the only difference between Mrs. Y and other Irish people seeking an abortion is means of travel.

    For her it was a legal barrier, for if she left the country she may not have been able to return.

    For others it is an economic barrier where they may not be able to afford the travel costs/accommodation/procedure that would be required when having the procedure in the UK

    Now if your response to that is "well abortion is a privilege so costs are to be expected" then that is a whole other can of worms, but if you accept that Mrs. Y's case is terrible and should not have happened, then you should at least accept that she is not an outlier.

    It is an outlier actually, its also a can of worms i dont think should be brought anywhere near this debate. If your telling me her only reason for not going abroad was that she wasnt sure she would be allowed back into her country of choice for refugee status, its ridiculous.

    If she wanted the abortion so badly that she was suicidal surely she would have done anything possible to get rid of it.

    The economic reasons i agree with you on.


  • Registered Users, Registered Users 2 Posts: 7,447 ✭✭✭Calhoun


    Isn't it funny that pro-lifers aren't being asked by self-described "fence-sitters" to disown the assholes on their side?

    Not nearly as funny as the self righteous know it all pro-choice folk who look down on the little people in scorn.

    If they would only come down off their high horses and lose the condescending attitudes we might have an actual discussion.

    Regardless of what side folk are from engaging in identity politics in this discussion is not a good thing.


  • Registered Users Posts: 1,340 ✭✭✭Consonata


    Calhoun wrote: »
    her country of choice for refugee status

    This implies that shes like a customer in a shop and is picking out her favourite from the EU 27 which is faintly ridiculous. You think after coming all that way she is going to jeopardize her status?


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  • Registered Users Posts: 1,340 ✭✭✭Consonata


    Calhoun wrote: »
    Not nearly as funny as the self righteous know it all pro-choice folk who look down on the little people in scorn.

    If they would only come down off their high horses and lose the condescending attitudes we might have an actual discussion.

    The Irony here is pretty strong.


  • Registered Users, Registered Users 2 Posts: 7,447 ✭✭✭Calhoun


    Consonata wrote: »
    This implies that shes like a customer in a shop and is picking out her favourite from the EU 27 which is faintly ridiculous. You think after coming all that way she is going to jeopardize her status?

    No i am saying its not wise to build an argument on abortion based upon a refugee. Its a mess of a topic and allot of hard questions not related to the abortion will come out of it.


  • Registered Users, Registered Users 2 Posts: 7,447 ✭✭✭Calhoun


    Consonata wrote: »
    The Irony here is pretty strong.

    Why so because you disagree with what i am saying?


  • Registered Users Posts: 1,340 ✭✭✭Consonata


    So on the one hand
    Calhoun wrote: »
    If your telling me her only reason for not going abroad was that she wasnt sure she would be allowed back into her country of choice for refugee status, its ridiculous.

    If she wanted the abortion so badly that she was suicidal surely she would have done anything possible to get rid of it.

    and on the other hand we have
    Calhoun wrote: »
    No i am saying its not wise to build an argument on abortion based upon a refugee. Its a mess of a topic and allot of hard questions not related to the abortion will come out of it.

    I can't keep track of these goalposts. Is her situation bad or is it not? You are simultaneously dismissing her plight out of hand (on what basis I don't even want to know) and then saying that "The Mrs Y case is horrible". You are changing your point to fit your argument, plainly arguing in bad faith.
    Calhoun wrote: »
    Why so because you disagree with what i am saying?

    Oh don't give me the poor discriminated right wing rubbish. Either argue with class or don't bother.


  • Registered Users, Registered Users 2 Posts: 7,447 ✭✭✭Calhoun


    Consonata wrote: »
    So on the one hand



    and on the other hand we have



    I can't keep track of these goalposts. Is her situation bad or is it not? You are simultaneously dismissing her plight out of hand (on what basis I don't even want to know) and then saying that "The Mrs Y case is horrible". You are changing your point to fit your argument, plainly arguing in bad faith.



    Oh don't give me the poor discriminated right wing rubbish. Either argue with class or don't bother.

    Let me break it down for you, what happened to her in terms of the rape ect was terrible, if the reason she couldnt have an abortion abroad was because our authorities wouldnt allow her to leave the country that should not have happened.

    However her being allowed to leave the country but not doing so because she might not get back in changes the dynamic. I wasn't aware if this was the case i was going on what you said.

    I am not giving you the poor discriminated right wing rubbish, i have been arguing that identity politics shouldnt play a part in this conversation at all. This then became a case of holding the pro-choice to more account than we are pro-lifers. There are crazy folk on both sides as far as i am concerned but for the purposes of today we are only talking about the one that came up.

    So again ill ask how is it Ironic? or is it just that you don't agree with what i am saying? Ok thought police tell the good folk of afterhours what they should think.


  • Registered Users, Registered Users 2 Posts: 31,022 ✭✭✭✭freshpopcorn


    Can somebody answer this for me. Should we see a referendum on this in the next few years?


  • Registered Users Posts: 1,340 ✭✭✭Consonata


    Calhoun wrote: »
    Let me break it down for you, what happened to her in terms of the rape ect was terrible, if the reason she couldnt have an abortion abroad was because our authorities wouldnt allow her to leave the country that should not have happened.

    However her being allowed to leave the country but not doing so because she might not get back in changes the dynamic. I wasn't aware if this was the case i was going on what you said.

    I am not giving you the poor discriminated right wing rubbish, i have been arguing that identity politics shouldnt play a part in this conversation at all. This then became a case of holding the pro-choice to more account than we are pro-lifers. There are crazy folk on both sides as far as i am concerned but for the purposes of today we are only talking about the one that came up.

    So again ill ask how is it Ironic? or is it just that you don't agree with what i am saying? Ok thought police tell the good folk of after-hours what they should think.

    How does it remotely relate to identity politics though? You have the case of the refugee, who can't leave due to her status in the country, and you have the lady who can't afford to leave due to socio-economic reasons.

    Both women have an impediment to leaving the country which they cannot control, unless you are going to defer to some "bootstrap" logic. You have accepted that the case in terms of Mrs. Y was a terrible situation, yet do not accept that this situation is not unique. You are not being consistent with your outrage.
    So again ill ask how is it Ironic?

    Due to the fact you referred to pro-choice supporters as "self righteous know it all pro-choice folk who look down on the little people in scorn." and then went on to comment that people should "lose the condescending attitudes we might have an actual discussion."


  • Registered Users Posts: 1,340 ✭✭✭Consonata


    Can somebody answer this for me. Should we see a referendum on this in the next few years?

    There seems to be will in Fine Gael for it to be next year, once the Citizens Assembly report goes into committee next October.

    I would be willing to bet that end of '17/beginning of '18, we'll have an idea when the referendum will be.


  • Registered Users Posts: 33,757 ✭✭✭✭RobertKK


    volchitsa wrote: »
    If I came at you now with a knife, a bystander would presumably be entitled to hold me down, tie me down if necessary, to stop me, right?

    Should we do the same to a pregnant woman who is determined to abort her pregnancy?

    And since we don't, isn't that evidence that the majority of our society doesn't actually see the unborn as being the equivalent to a born person in the way you have tried to present it?

    People would more than likely run away from a person threatening with a knife.

    Do women advertise they are going to have an abortion? Are they as obvious as a person attacking with a knife?

    Society is split, things being law doesn't mean it is right, in the past many things that were wrong were legal.


  • Registered Users, Registered Users 2 Posts: 7,447 ✭✭✭Calhoun


    Consonata wrote: »
    How does it remotely relate to identity politics though? You have the case of the refugee, who can't leave due to her status in the country, and you have the lady who can't afford to leave due to socio-economic reasons.

    Both women have an impediment to leaving the country which they cannot control, unless you are going to defer to some "bootstrap" logic. You have accepted that the case in terms of Mrs. Y was a terrible situation, yet do not accept that this situation is not unique. You are not being consistent with your outrage.



    Due to the fact you referred to pro-choice supporters as "self righteous know it all pro-choice folk who look down on the little people in scorn." and then went on to comment that people should "lose the condescending attitudes we might have an actual discussion."

    The original video which we were discussing was related to identity politics.

    The case of socio-economic problem is something that i would say happens on a regular occurence there for it is common. Ms Y's case as i said is an outlier, meaning it is unique and the chances of it happening again are slim when we compare it to the former problem.

    The reason i was saying we shouldnt overly focus on the Ms Y case is because it throws up the arguments on refugee status ect which distracts from the important part of the discussion which is women not being able to get proper care in this country.
    Due to the fact you referred to pro-choice supporters as "self righteous know it all pro-choice folk who look down on the little people in scorn." and then went on to comment that people should "lose the condescending attitudes we might have an actual discussion.

    I was responding to a poster who was ignoring the discussion taking place at the time and engaging in similar identity politics. However as usual rather than discuss the topic at hand we have a dog pile as its not quite the agenda we want to discuss.


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  • Registered Users Posts: 1,340 ✭✭✭Consonata


    RobertKK wrote: »
    Society is split, things being law doesn't mean it is right, in the past many things that were wrong were legal.

    The point is that it isn't law though. People aren't after keeping the status quo in this situation, in fact as far as I'm aware, retain in its entirety is only at like 15% polling wise. That suggests less a split, and more a consensus that something needs to change somewhere.


  • Registered Users Posts: 33,757 ✭✭✭✭RobertKK


    Consonata wrote: »
    The point is that it isn't law though. People aren't after keeping the status quo in this situation, in fact as far as I'm aware, retain in its entirety is only at like 15% polling wise. That suggests less a split, and more a consensus that something needs to change somewhere.

    A referendum based on the CA recommendations would be hard to pass.


  • Registered Users, Registered Users 2 Posts: 7,447 ✭✭✭Calhoun


    Consonata wrote: »
    The point is that it isn't law though. People aren't after keeping the status quo in this situation, in fact as far as I'm aware, retain in its entirety is only at like 15% polling wise. That suggests less a split, and more a consensus that something needs to change somewhere.

    It would be folly to believe however that their is consensus for everything the citizens assembly has advised on.

    What will win the day is what ever side is more rational and speak to the Irish people. If we go down the identity politic route again like we did with the marriage referendum, it might not go the right way.


  • Registered Users Posts: 1,340 ✭✭✭Consonata


    Calhoun wrote: »
    The case of socio-economic problem is something that i would say happens on a regular occurence there for it is common. Ms Y's case as i said is an outlier, meaning it is unique and the chances of it happening again are slim when we compare it to the former problem.

    But her case is not an outlier, you are only framing it so. Both women couldn't leave the country to have an abortion. There reasons are separate, the important point is that they couldn't have the abortion here. It isn't some other-worldly scenario, as frequently women can't just go away to the UK for a weekend to have an abortion. There's waiting lists, time off, familial circumstances, etc.


  • Registered Users Posts: 1,340 ✭✭✭Consonata


    Calhoun wrote: »
    It would be folly to believe however that their is consensus for everything the citizens assembly has advised on.

    What will win the day is what ever side is more rational and speak to the Irish people. If we go down the identity politic route again like we did with the marriage referendum, it might not go the right way.

    I take it from that that your opinion is that the Pro-Gay Marriage side was not rational.


  • Registered Users Posts: 1,340 ✭✭✭Consonata


    RobertKK wrote: »
    A referendum based on the CA recommendations would be hard to pass.

    I doubt it. Placing the legislation in the hands of the Oireachtas is better surely than repeal in your opinion. Repeal has a permanence, whereas what the Oireachtas proposed does not, and it has the ability to change over time, depending on public opinion (which is a good thing in fairness.)


  • Registered Users, Registered Users 2 Posts: 7,447 ✭✭✭Calhoun


    Consonata wrote: »
    But her case is not an outlier, you are only framing it so. Both women couldn't leave the country to have an abortion. There reasons are separate, the important point is that they couldn't have the abortion here. It isn't some other-worldly scenario, as frequently women can't just go away to the UK for a weekend to have an abortion. There's waiting lists, time off, familial circumstances, etc.

    I am not treating it as an outlier, the folk who are pushing this as a sign that Ireland needs to change are doing that. As they are differentiating it from all the other reasons for it to happen.

    Both should be able to be sorted here but they are not.


  • Registered Users Posts: 1,340 ✭✭✭Consonata


    Calhoun wrote: »
    I think it matters where she is from, maybe not to you or I but to general population it might. The Mrs Y case is horrible but it is an outlier case and we don't really want to bring up the rabbit warren of refugees applying to Ireland even though we share no land border with Europe.
    Calhoun wrote: »
    I am not treating it as an outlier, the folk who are pushing this as a sign that Ireland needs to change are doing that.

    Loving these goalpost moves. Great target practice.


  • Registered Users, Registered Users 2 Posts: 7,447 ✭✭✭Calhoun


    Consonata wrote: »
    I take it from that that your opinion is that the Pro-Gay Marriage side was not rational.

    There you go assuming things, you so want to label me dont you :)

    At the time the argument was very dirty on both sides, both engaged heavily on identity politics of us versus them. I don't believe that will work this time, the issues at hand are nuanced and complex, if we treat it as black and white us versus them no matter what side does it i feel they will lose.


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  • Registered Users, Registered Users 2 Posts: 7,447 ✭✭✭Calhoun


    Consonata wrote: »
    Loving these goalpost moves. Great target practice.

    Not really under the terms of what has been provided in this thread, we are saying that Ms X case is so important because she was a refugee and was vulnerable in a number of ways.

    As folk are focusing on the fact she is a refugee they are differentiating her from the women who cannot afford it. If we start to dig into the refugee question questions will be asked.

    I think however, you dont actually want to debate more so label.


  • Registered Users, Registered Users 2 Posts: 10,423 ✭✭✭✭Outlaw Pete


    B_Wayne wrote: »
    If somebody got to make decisions on the behalf of your body, would you be fine with that?

    They already do... and yes I am fine with that.

    If I want to drink (or take drugs) and drive, there are laws in place stopping me from doing so, but it's my body and so it should be my choice, right... so why can't I? Well, because I might kill an innocent person and therefore we need to have laws in place to best prevent that from happening. The fact that I would be prevented from doing something with my own body (at the same time as I am being preventing from getting into a car intoxicated) would be purely incidental... and the same applies in the case of abortions as our abortion laws are designed to protect innocent human beings from being harmed too and that some people would be prevented from doing what they wanted with "their own body" would also be purely incidental.

    Also, we have a Gender Recognition Act here in Ireland now and so men in Ireland can become pregnant (not all, obviously) but if any of the men to which I refer did fall pregnant and they came to the decision that that they wanted to have an abortion... they would be unable to do so given that they would be subjected to the very same laws which pregnant women currently are here.


  • Registered Users Posts: 1,340 ✭✭✭Consonata


    Calhoun wrote: »
    Not really under the terms of what has been provided in this thread, we are saying that Ms X case is so important because she was a refugee and was vulnerable in a number of ways.

    As folk are focusing on the fact she is a refugee they are differentiating her from the women who cannot afford it. If we start to dig into the refugee question questions will be asked.

    I haven't touched the refugee topic. You are not accepting that her situation (in that she could not leave due to her immigration status) is not similar to other Irish women's status (in that they can't afford to/whatever their reasons may be).


  • Registered Users, Registered Users 2 Posts: 7,447 ✭✭✭Calhoun


    Consonata wrote: »
    I haven't touched the refugee topic. You are not accepting that her situation (in that she could not leave due to her immigration status) is not similar to other Irish women's status (in that they can't afford to/whatever their reasons may be).

    I am accepting that they both are in dire situations and both should be serviced from Ireland.

    I am arguing the point that if you put one on a pedestal over another holes can be picked in it. In fact in both cases you could pick holes in them, that is exactly what the pro-life side will do.

    This convoluted back and forth we have been doing is just a drop in the ocean of what i see coming. The side that can talk it our rationally has a better shot than the side that goes heavy on the rhetoric.


  • Registered Users Posts: 1,340 ✭✭✭Consonata


    Calhoun wrote: »
    I am accepting that they both are in dire situations and both should be serviced from Ireland.

    I am arguing the point that if you put one on a pedestal over another holes can be picked in it. In fact in both cases you could pick holes in them, that is exactly what the pro-life side will do.

    This convoluted back and forth we have been doing is just a drop in the ocean of what i see coming. The side that can talk it our rationally has a better shot than the side that goes heavy on the rhetoric.

    What holes can you pick in these cases?


  • Registered Users, Registered Users 2 Posts: 10,423 ✭✭✭✭Outlaw Pete


    volchitsa wrote: »
    And since we don't, isn't that evidence that the majority of our society doesn't actually see the unborn as being the equivalent to a born person in the way you have tried to present it?

    Men used to legally be able to rape their wives... would you suggest that was evidence that the majority of society was okay with that? Of course not.
    If I came at you now with a knife, a bystander would presumably be entitled to hold me down, tie me down if necessary, to stop me, right?

    Should we do the same to a pregnant woman who is determined to abort her pregnancy?

    Some laws are simply unworkable, doesn't mean that society is okay with the associated crimes taking place, that's where you're thinking is flawed. Women have been jailed for taking abortion pills late into pregnancies, have they not? And men have been jailed for the death of fetuses also. Therefore, it is quite clear that we put value on the life of a fetus as a society. It's poppycock to be trying to suggest that because we don't chain women to beds, we really must therefore be okay with developing babies being killed.

    All you're trying to do really is get people to say that they agree with women being restrained so that yet more martyrdom can be injected into the debate, as if there wasn't enough of it already.


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  • Closed Accounts Posts: 889 ✭✭✭Murrisk


    All you're trying to do really is get people to say that they agree with women being restrained so that yet more martyrdom can be injected into the debate, as if there wasn't enough of it already.

    On this. Earlier in the thread, you said that nobody in the thread was judging women based on their sexual history and behaviour and that people who suggested that it was happening on-thread were being martyrs. A number of posters replied to you with posts from earlier than your post in the thread that directly contradicted your assertion. Have you chosen to ignore this?


  • Registered Users, Registered Users 2 Posts: 16,686 ✭✭✭✭Zubeneschamali


    RobertKK wrote: »
    But when there is an abortion, is the woman terminating her life, or that of a human life within her body?

    No, generally a doctor does it (unless it is very early days and pills work).


  • Registered Users, Registered Users 2 Posts: 16,686 ✭✭✭✭Zubeneschamali


    B_Wayne wrote: »
    In terms of her being from or not from Ireland, I don't think it remotely matters.

    It sometimes matters very much. Most women from Ireland can just hop on a Ryanair flight, there is abortion on demand as in the UK for them.

    Non-EU women may have not have visas which allow them into the UK, they are one of the groups who suffer from our ban on abortion on demand, along with the very young, the poor, the very sick and those in institutions.


  • Registered Users, Registered Users 2 Posts: 16,686 ✭✭✭✭Zubeneschamali


    Absolam wrote: »
    people (to a large degree) are not legally obliged to intervene in those circumstances, even if they arguably have a moral obligation.

    The State is required to intervene to protect a real person, but we had two referenda to stop the State intervening to save the unborn.

    In the Supreme Court judgement on the X case, Judge Hederman opined that it would be OK to lock women up if they were pregnant and suicidal. The majority of the court disagreed with his opinions (excerpts from Hederman below).

    We also had two referenda where the pro-lifers tried to write Hederman's opinion into the constitution, and failed.

    The State therefore can be obliged to take positive action to intervene to prevent an imminent destruction of life and one obvious way is by a restraining order directed to any person who is threatening the destruction of the unborn life where known to the State. That can include restraint of the mother of the child where she is the person or one of the persons threatening the continued survival of the life.
    ...
    If this young person without being pregnant had suicidal tendencies due to some other cause then nobody would doubt that the proper course would be to put her in such care and under such supervision as would counteract such tendency and do everything possible to prevent suicide.
    ...
    Suicide threats can be contained. The duration of the pregnancy is a matter of months and it should not be impossible to guard the girl against self-destruction and preserve the life of the unborn child at the same time. The choice is between the certain death of the unborn life and a feared substantial danger of death but no degree of certainty of the mother by way of self-destruction.

    From supremecourt.ie


  • Registered Users, Registered Users 2 Posts: 16,686 ✭✭✭✭Zubeneschamali


    Calhoun wrote: »
    It is an outlier actually

    It is an outlier because ordinary Irish women have abortion on demand already. The 8th only affects outliers.


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