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Abortion - Report of the Joint Committee on the Eighth Amendment of the Constitution

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Comments

  • Registered Users, Registered Users 2 Posts: 29,243 ✭✭✭✭end of the road


    volchitsa wrote: »
    Why would her health always be prioritized, if both have equal rights?

    it will be prioritized where it is required to be. she won't be prioritized because she wants an abortion for contraceptive, lifestyle and convenience reasons however.

    I'm very highly educated. I know words, i have the best words, nobody has better words then me.



  • Registered Users, Registered Users 2 Posts: 8,755 ✭✭✭volchitsa


    it will be prioritized where it is required to be. she won't be prioritized because she wants an abortion for contraceptive, lifestyle and convenience reasons however.

    i asked why though. Not for some examples of when.

    I mean, if both are genuinely equal? Shouldnt one have to consider in each instance which of the two lives should or can be saved, and not always save the mother?

    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: 3,279 ✭✭✭NuMarvel


    it will be prioritized where it is required to be.

    "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."

    There is nothing in the 8th that could be interpreted as allowing abortion when a woman's health, as opposed to her life, is at risk.

    If you want to allow a woman to access abortion when her health is at risk, then you need to vote for repeal. It really is as simple as that.


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


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 29,243 ✭✭✭✭end of the road


    NuMarvel wrote: »
    "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."

    There is nothing in the 8th that could be interpreted as allowing abortion when a woman's health, as opposed to her life, is at risk.

    If you want to allow a woman to access abortion when her health is at risk, then you need to vote for repeal. It really is as simple as that.

    the currently existing law might allow it also, hence i won't be voting for repeal. i don't think the government have looked at it, they should do this before having a referendum on removing equality legislation.
    ....... wrote: »
    This post has been deleted.

    and i explained to you across multiple threads that they couldn't be implamented as they would effect the innocent pregnant women who would not be traveling to procure abortion. when a law is implamented, it must only go after the guilty and the suspected. this must be done, as much as is possible, without effecting innocent people going about their daily business

    I'm very highly educated. I know words, i have the best words, nobody has better words then me.



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


    the currently existing law might allow it also, hence i won't be voting for repeal. i don't think the government have looked at it

    ...and what, you are carefully avoiding reading the reports of the Citizen's Assembly and Oireachteas Committee so you don't find out you are wrong?


  • Registered Users, Registered Users 2 Posts: 28,731 ✭✭✭✭blanch152



    and thankfully a rebalancing of rights isn't required, as the unborn's right to life is only equal to the mother. that changes where the mother's life or health is at risk, and in that situation the mother will be prioritized.

    A mother has no rights when her health, as opposed to her life, is at risk. You really don't understand the constitutional amendment.

    There is a requirement for the rebalancing of rights over time. Such has happened throughout history. At one time, women did not have the right to vote. That right was rebalanced a century ago.

    When society changes and evolves, the rebalancing of rights becomes an issue as in this case.


  • Registered Users, Registered Users 2 Posts: 8,755 ✭✭✭volchitsa


    the currently existing law might allow it also, hence i won't be voting for repeal. i don't think the government have looked at it, they should do this before having a referendum on removing equality legislation.
    So you know better than the Supreme Court which found the exact opposite in the X case, and that has never been challenged?

    They should really ask you to write the required law then, shouldn't they? :D
    and i explained to you across multiple threads that they couldn't be implamented as they would effect the innocent pregnant women who would not be traveling to procure abortion. when a law is implamented, it must only go after the guilty and the suspected. this must be done, as much as is possible, without effecting innocent people going about their daily business
    So no innocent people have ever been questioned in possible murder cases, right?

    You know the saying about people not being entitled to their own facts, right?

    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: 3,279 ✭✭✭NuMarvel


    the currently existing law might allow it also, hence i won't be voting for repeal. i don't think the government have looked at it, they should do this before having a referendum on removing equality legislation.

    As I've said, there is nothing in the 8th that could be construed as allowing access to abortion on health grounds for the woman. It doesn't even allow abortion where there's an FFA, so there's no reason for believing other grounds would be possible.

    But if you're so confident that it does, then cite your sources. What case law or other parts of the constitution lead to you to believe that abortion on health grounds would be possible under the 8th?


  • Registered Users, Registered Users 2 Posts: 29,243 ✭✭✭✭end of the road


    blanch152 wrote: »
    A mother has no rights when her health, as opposed to her life, is at risk. You really don't understand the constitutional amendment.

    There is a requirement for the rebalancing of rights over time. Such has happened throughout history. At one time, women did not have the right to vote. That right was rebalanced a century ago.

    When society changes and evolves, the rebalancing of rights becomes an issue as in this case.

    there is no requirement for a rebalancing of rights to allow the killing of the unborn for lifestyle, contraceptive and convenience reasons. only medical necessity requires abortion, and as a last resort.

    I'm very highly educated. I know words, i have the best words, nobody has better words then me.



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  • Registered Users, Registered Users 2 Posts: 41,118 ✭✭✭✭Annasopra


    i'm saying that as reprehensible as it is, we cannot stop people from going abroad to kill other human beings in a country where such is legal. it's very simple.

    It is not simple at all. Surely you know that technically abortion is still illegal in the UK under certain circumstances.

    YOU want to discriminate against poor women, migrants and people in violent relationships by preventing them access to medical care. It is that simple.

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Registered Users, Registered Users 2 Posts: 41,118 ✭✭✭✭Annasopra


    it's nothing to do with those voters losing. even if they had won it wouldn't be legally viable long term to stop people traveling to commit acts that are legal in other countries.

    Nah. You just know that an amendment to repeal the 13th amendment would be deeply unpopular and lost by a landslide. It is about that.

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Registered Users, Registered Users 2 Posts: 41,118 ✭✭✭✭Annasopra


    volchitsa wrote: »

    You know the saying about people not being entitled to their own facts, right?

    EOTRs alternative facts?

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Registered Users, Registered Users 2 Posts: 41,118 ✭✭✭✭Annasopra


    there is no requirement for a rebalancing of rights to allow the killing of the unborn for lifestyle, contraceptive and convenience reasons. only medical necessity requires abortion, and as a last resort.

    You are not answering the question put to you

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Registered Users, Registered Users 2 Posts: 29,243 ✭✭✭✭end of the road


    It is not simple at all. Surely you know that technically abortion is still illegal in the UK under certain circumstances.

    YOU want to discriminate against poor women, migrants and people in violent relationships by preventing them access to medical care. It is that simple.


    nobody is being prevented access to medical care. there is quite the amount of medical care in ireland. people are being prevented from killing unborn human beings in ireland however, which is not medical care.
    You are not answering the question put to you

    i did answer it.

    I'm very highly educated. I know words, i have the best words, nobody has better words then me.



  • Registered Users, Registered Users 2 Posts: 8,755 ✭✭✭volchitsa


    i did answer it.

    No you didnt. I asked why the mother's right should have priority if the two are actually equal, and you responded with some examples of when you thought it would be fair enough to prioritize the mother's rights over the fetus'.

    Which was not an answer to my question.

    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: 3,279 ✭✭✭NuMarvel


    nobody is being prevented access to medical care. there is quite the amount of medical care in ireland.

    Clearly you haven't heard of what Michelle Harte went through a few years ago - https://www.irishtimes.com/news/state-settled-with-cancer-patient-1.555035.
    In 2010, after she became unintentionally pregnant while suffering from a malignant melanoma, doctors at Cork University Hospital advised her to terminate her pregnancy because of the risk to her health.

    Mr Boylan said her obstetrician was willing to perform a termination but was “hamstrung” by legal issues. The issue was referred to the hospital’s “ad hoc” ethics committee.

    ...

    “I couldn’t believe the decision [to refuse an abortion in Ireland] when it came,” Ms Harte, who was then 39, told The Irish Times in December 2010. “Apparently my life wasn’t at immediate risk. It just seemed absolutely ridiculous.”

    Her condition worsened significantly during this time and she was not able to receive cancer treatment because she was pregnant. She eventually travelled to Britain for an abortion; she had to be helped on to the aircraft due to a deterioration in her condition.

    Ms Harte subsequently died by the way. But please, continue to tell us that the 8th doesn't put anyone's lives or health at risk.


  • Registered Users, Registered Users 2 Posts: 41,118 ✭✭✭✭Annasopra



    i did answer it.

    Nonsense. You merely switched on your repeat mantra button

    You did not answer this question
    But if you're so confident that it does, then cite your sources. What case law or other parts of the constitution lead to you to believe that abortion on health grounds would be possible under the 8th?

    You did not provide any sources or case law as requested

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Closed Accounts Posts: 13,992 ✭✭✭✭recedite


    NuMarvel wrote: »
    Clearly you haven't heard of what Michelle Harte went through a few years ago - https://www.irishtimes.com/news/state-settled-with-cancer-patient-1.555035.



    Ms Harte subsequently died by the way. But please, continue to tell us that the 8th doesn't put anyone's lives or health at risk.
    She could have been provided with an abortion in Ireland under the 8th amendment if her life was at risk.
    The particular doctor/and/or his insurers did not want to get involved due to a lack of specific legislation around it, which was remedied in 2013. The PLP legislation was introduced at the insistence of the ECHR, and mirrored the existing constitutional position.


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


    recedite wrote: »
    She could have been provided with an abortion in Ireland under the 8th amendment if her life was at risk.
    The particular doctor/and/or his insurers did not want to get involved due to a lack of specific legislation around it, which was remedied in 2013. The PLP legislation was introduced at the insistence of the ECHR, and mirrored the existing constitutional position.

    This actually proves my point. Because her life wasn't at risk at the time, she was denied an abortion AND cancer treatment. The life of the unborn took precedence over her health, and therefore she was denied the necessary medical care. Which contradicts what EOTR said about the 8th not denying women medical care.

    This was the constitutional position at the time and, as you've said, the PLDP Act mirrors that position, so this would be the case today.


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


    recedite wrote: »
    She could have been provided with an abortion in Ireland under the 8th amendment if her life was at risk.

    Yes, and the same was true for Savita Hallapanavar. The problem is that the medical team have to decide when the patient crosses the invisible line from "Health at risk" (no abortion) to "Life at Risk" (abortion).

    If they get it wrong one way, as with Ms. Harte or Ms. Hallapanavar, the patient dies. If they get it wrong the other way, they break the law and are looking at 14 years in jail.

    And before you answer that no-one has been or will be prosecuted under that law, two points: Firstly, if we have no intention of enforcing that law we should own that decision and repeal it. That means repealing the 8th to which it gives effect and we are all on the same side.

    Secondly if (as seems likely to me) the PLDPA is a fake law and the AG has no intention of ever actually using it to defend or vindicate the right to life of the unborn, it has a chilling effect as long as it is on the books.

    No hospital can have a policy which breaks that law. No practitioner can say out loud: "This woman needs an abortion or she'll end up in a wheelchair!". We all know from the case of Savita that even a casual comment by a nurse (This is a Catholic country) can be used in a court case later. It's an absolute legal minefield for doctors to navigate, with their job and medical license on the line for violating written policy even if the threat to their freedom is theoretical.


  • Registered Users, Registered Users 2 Posts: 8,755 ✭✭✭volchitsa


    Yes, and the same was true for Savita Hallapanavar. The problem is that the medical team have to decide when the patient crosses the invisible line from "Health at risk" (no abortion) to "Life at Risk" (abortion).

    If they get it wrong one way, as with Ms. Harte or Ms. Hallapanavar, the patient dies. If they get it wrong the other way, they break the law and are looking at 14 years in jail.

    And before you answer that no-one has been or will be prosecuted under that law, two points: Firstly, if we have no intention of enforcing that law we should own that decision and repeal it. That means repealing the 8th to which it gives effect and we are all on the same side.

    Secondly if (as seems likely to me) the PLDPA is a fake law and the AG has no intention of ever actually using it to defend or vindicate the right to life of the unborn, it has a chilling effect as long as it is on the books.

    No hospital can have a policy which breaks that law. No practitioner can say out loud: "This woman needs an abortion or she'll end up in a wheelchair!". We all know from the case of Savita that even a casual comment by a nurse (This is a Catholic country) can be used in a court case later. It's an absolute legal minefield for doctors to navigate, with their job and medical license on the line for violating written policy even if the threat to their freedom is theoretical.
    One of the problems the doctors in the Michelle Harte case had was that she was terminally ill, so "No point in us saving your life with an abortion, Ms Harte, sure you're a goner anyway."

    I'm sure they didnt put it so brutally, but that was the problem : an abortion could have extended her life by several months, perhaps by years, but the pregnancy was not what was killing her (only hastening her death) and an abortion would not cure her.

    Horrendous as that seems to me, it's the law. Her health is not a factor. And POLDP has not changed that at all.

    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: 28,731 ✭✭✭✭blanch152


    https://www.rte.ie/news/2018/0307/945560-supreme-court-rights-of-unborn/


    "The Supreme Court in Limerick has ruled that the unborn does not have inherent Constitutional rights outside the right to life in the Eighth Amendment."

    Would be very interested in seeing the details of this decision. Certainly creates a distinction between the born and the unborn.


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


    blanch152 wrote: »
    Certainly creates a distinction between the born and the unborn.

    This simply maintains the status quo where the unborn is a non-person.

    It was the High Court judgement which threatened to create a bunch of new law, which has now been unanimously rejected by the SC.


  • Registered Users, Registered Users 2 Posts: 40,394 ✭✭✭✭Itssoeasy


    Does the ruling by the Supreme Court not embolden the side of this debate that want to keep the 8th ammendment ? It can now say that the only protection to the unborn is article 40.3.3 and the Supreme Court have said that the unborn has no inherent rights outside of article 40.3.3 and it must be protected ?

    I know this ruling does start the process of the refurendum but I think it may have unintended consequences that will embolden the keep the 8th ammendment side. I'll be listening to the radio to see if I'm right or if I've pulled that conclusion out of my arse.

    Btw I'm an undecided in this upcoming referendum as I stated months ago on this thread. I wrote this post asking that question simply because it came to me first. I'm sure the repealthe8th side could easily state that this ruling favours them.


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


    Itssoeasy wrote: »
    I think it may have unintended consequences that will embolden the keep the 8th ammendment side.

    "Embolden them"?

    I haven't noticed them being particularly shy and retiring for the last 35 years.


  • Registered Users, Registered Users 2 Posts: 40,394 ✭✭✭✭Itssoeasy


    Itssoeasy wrote: »
    I think it may have unintended consequences that will embolden the keep the 8th ammendment side.

    "Embolden them"?

    I haven't noticed them being particularly shy and retiring for the last 35 years.
    Embolden them in the sense that it distiles the issue down to article 40.3.3 ?


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


    Itssoeasy wrote: »
    Embolden them in the sense that it distiles the issue down to article 40.3.3 ?

    That's where it always was since 1983.

    There was some talk that IF the SC agreed with the High court THEN there could be implications blah blah, but that was all a big IF.

    And now we know that the IF did not come to pass. We are simply back where we were, the SC decided nothing new.


  • Closed Accounts Posts: 13,992 ✭✭✭✭recedite


    NuMarvel wrote: »
    This actually proves my point. Because her life wasn't at risk at the time, she was denied an abortion AND cancer treatment.
    I don't think either of us knows the medical details of this, and anyway it is not very nice to discuss a personal tragedy in this way, unless some good for others can come of it. From your link it seems the unborn child was killed, and then subsequently the mother died anyway, so it was a double tragedy in the end. The abortion did not save the mother.

    No doubt your implication is that an earlier abortion could have saved her. Yet you also say that her life was not at risk at the time. Another poster here puts it more bluntly; that she was "a goner anyway". I have no idea about that, and no comment.

    I simply say that if her life was at risk, and having an abortion could have saved it, then it should have been performed without delay in Ireland. And the same goes for the Savita case.

    The fact that the families in both cases received substantial cash settlements indicates to me a de facto admission of guilt in the way these women were treated/mistreated in state hospitals.

    So no, it does not prove your point.


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


    recedite wrote: »
    it is not very nice to discuss a personal tragedy in this way, unless some good for others can come of it.

    Exactly - we repeal the 8th and this tragedy never happens again.


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


    recedite wrote: »
    I don't think either of us knows the medical details of this, and anyway it is not very nice to discuss a personal tragedy in this way, unless some good for others can come of it. From your link it seems the unborn child was killed, and then subsequently the mother died anyway, so it was a double tragedy in the end. The abortion did not save the mother.

    No doubt your implication is that an earlier abortion could have saved her. Yet you also say that her life was not at risk at the time. Another poster here puts it more bluntly; that she was "a goner anyway". I have no idea about that, and no comment.

    I simply say that if her life was at risk, and having an abortion could have saved it, then it should have been performed without delay in Ireland. And the same goes for the Savita case.

    The fact that the families in both cases received substantial cash settlements indicates to me a de facto admission of guilt in the way these women were treated/mistreated in state hospitals.

    So no, it does not prove your point.

    Seeing as my point was that the 8th affects the medical care pregnant women receives, and this case shows that the 8th affects the medical care a pregnant women received, I rather think the point is proven. But I can understand your need to pretend otherwise.


  • Registered Users, Registered Users 2 Posts: 8,755 ✭✭✭volchitsa


    recedite wrote: »
    I don't think either of us knows the medical details of this, and anyway it is not very nice to discuss a personal tragedy in this way, unless some good for others can come of it. From your link it seems the unborn child was killed, and then subsequently the mother died anyway, so it was a double tragedy in the end. The abortion did not save the mother.

    No doubt your implication is that an earlier abortion could have saved her. Yet you also say that her life was not at risk at the time. Another poster here puts it more bluntly; that she was "a goner anyway". I have no idea about that, and no comment.

    I simply say that if her life was at risk, and having an abortion could have saved it, then it should have been performed without delay in Ireland. And the same goes for the Savita case.

    The fact that the families in both cases received substantial cash settlements indicates to me a de facto admission of guilt in the way these women were treated/mistreated in state hospitals.

    So no, it does not prove your point.
    But you just did. You agree that the abortion didnt save her life because she was dying anyway. So her doctors advised her to terminate the pregnancy, not for a cure but to avoid shortening her life even further. The need to stop palliative treatment because it would harm the baby, and possibly also the effect of the pregnancy itself meant she would die sooner but of cancer, not from the pregnancy.

    So they told her to have an abortion, but were too afraid of the law to do it themselves.

    Are you saying those extra months don't matter? I was being sarcastic when I said that - whereas you seem to approve of the basic message, though not the words. Am I right?

    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?"



  • Closed Accounts Posts: 13,992 ✭✭✭✭recedite


    volchitsa wrote: »
    But you just did. You agree that the abortion didnt save her life because she was dying anyway. So her doctors advised her to terminate the pregnancy, not for a cure but to avoid shortening her life even further. The need to stop palliative treatment because it would harm the baby, and possibly also the effect of the pregnancy itself meant she would die sooner but of cancer, not from the pregnancy.

    So they told her to have an abortion, but were too afraid of the law to do it themselves.

    Are you saying those extra months don't matter? I was being sarcastic when I said that - whereas you seem to approve of the basic message, though not the words. Am I right?
    You're asking me to weigh up the life of an unborn child who had their whole potential life ahead of them, as against a few extra months of sickness for somebody who is dying anyway?

    It would be a hard ethical choice for many people, and an easier one for others. There is an old saying that "hard cases make for bad laws".

    I don't feel I can or should judge though, not least because I doubt it was ever such a binary choice. For example, if no abortion and no cancer treatment, what would be the chances of being healthy enough, and living long enough for a successful birth in such a scenario? I'm inclined to guess that neither the mother nor the unborn child had much chance of survival no matter what they did.

    Also I'll point out that regardless of the outcome of this forthcoming referendum, we will continue to hear occasionally of a tragedy in an Irish maternity hospital. Sometimes compensation will be paid out, and sometimes it won't.


  • Registered Users, Registered Users 2 Posts: 8,755 ✭✭✭volchitsa


    recedite wrote: »
    You're asking me to weigh up the life of an unborn child who had their whole potential life ahead of them, as against a few extra months of sickness for somebody who is dying anyway?

    It would be a hard ethical choice for many people, and an easier one for others. There is an old saying that "hard cases make for bad laws".

    I don't feel I can or should judge though, not least because I doubt it was ever such a binary choice. For example, if no abortion and no cancer treatment, what would be the chances of being healthy enough, and living long enough for a successful birth in such a scenario? I'm inclined to guess that neither the mother nor the unborn child had much chance of survival no matter what they did.

    Also I'll point out that regardless of the outcome of this forthcoming referendum, we will continue to hear occasionally of a tragedy in an Irish maternity hospital. Sometimes compensation will be paid out, and sometimes it won't.

    So isn't the only sensible conclusion that nobody except the person concerned can possibly make such a difficult decision?

    That is exactly why it's wrong to have doctors have the final word on something that is a very personal decision with no single "right" answer.

    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?"



  • Closed Accounts Posts: 13,992 ✭✭✭✭recedite


    Society as a whole makes choices that restrict an individual person's freedom of choice. We make laws, and then we have to live by them.

    For example, before the 1970's rape within marriage was considered an impossibility, a contradiction in terms. Husbands had certain "conjugal rights" over their wives. Nowadays that particular "freedom" has been restricted in most western societies, but not in some other societies.

    It is true that historically society took away some freedom from pregnant women, but it did that in order to protect the unborn members of society.

    Soon we will get to decide whether these "unborn members of society" are to be stripped of their societal membership and all their rights. Some people will look forward to getting the chance to do that, and some others will think twice about it.


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


    recedite wrote: »
    Society as a whole makes choices that restrict an individual person's freedom of choice. We make laws, and then we have to live by them.

    For example, before the 1970's rape within marriage was considered an impossibility, a contradiction in terms. Husbands had certain "conjugal rights" over their wives. Nowadays that particular "freedom" has been restricted in most western societies, but not in some other societies.

    It is true that historically society took away some freedom from pregnant women, but it did that in order to protect the unborn members of society.

    Soon we will get to decide whether these "unborn members of society" are to be stripped of their societal membership and all their rights. Some people will look forward to getting the chance to do that, and some others will think twice about it.

    As per yesterday's ruling, the unborn does not have rights, plural. It only has one right - a right to life. A right that a) doesn't apply to all of the unborn anyway, and b) is already subject to the woman's rights, choices, and freedoms in specific circumstances.

    What is being proposed is an extension of that and a rebalancing of rights between the unborn and the woman. The unborn will not be stripped of "all rights", because it is proposed that it will still be a criminal offence for a doctor to perform an illegal abortion.

    As you say, society makes laws, and has to live by them, but society is not bound by those laws in perpetuity. We can change laws, especially laws like the 8th that have been shown to be inappropriate and not fit for purpose.


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


    NuMarvel wrote: »
    As per yesterday's ruling, the unborn does not have rights, plural. It only has one right - a right to life. A right that a) doesn't apply to all of the unborn anyway, and b) is already subject to the woman's rights, choices, and freedoms in specific circumstances.

    Women already have a constitutionally guaranteed right to abort said unborns, enacted by referendum.

    As long as they don't do it in Holy Catholic Ireland.


  • Registered Users, Registered Users 2 Posts: 41,118 ✭✭✭✭Annasopra


    recedite wrote: »

    Also I'll point out that regardless of the outcome of this forthcoming referendum, we will continue to hear occasionally of a tragedy in an Irish maternity hospital. Sometimes compensation will be paid out, and sometimes it won't.

    Actually no. This is is the whole point. Many of these tragic cases are a direct result of the 8th.

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Closed Accounts Posts: 1,837 ✭✭✭Edward M


    Actually no. This is is the whole point. Many of these tragic cases are a direct result of the 8th.

    recidite is right, of course the eighth is the one that can cause women problems, but by far the most cases of tragedy in maternity care are the babies.
    The majority of cases by far are of babies who have had their lives affected or lost through medical malpractice or neglect.
    Abortion or choice of is probably a very small portion of such cases.


  • Registered Users, Registered Users 2 Posts: 8,755 ✭✭✭volchitsa


    Edward M wrote: »
    recidite is right, of course the eighth is the one that can cause women problems, but by far the most cases of tragedy in maternity care are the babies.
    The majority of cases by far are of babies who have had their lives affected or lost through medical malpractice or neglect.
    Abortion or choice of is probably a very small portion of such cases.

    So not relevant then, right?
    Except in as far removing someone's right to decide on their treatment puts an extra moral and legal responsibility on the healthcare system not to allow its practititioners to mess up. If they can't do that - and they can't - then the woman herself must have the final say in what treatment she gets or not.

    That is what went wrong with Savita Hallapanavar. In fact as a medical professional herself she was probably aware at some level of how seriously ill she was when she asked for a termination, while the staff were patronising her with "It's a catholic country, dear."

    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?"



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  • Registered Users, Registered Users 2 Posts: 41,118 ✭✭✭✭Annasopra


    Edward M wrote: »
    recidite is right, of course the eighth is the one that can cause women problems, but by far the most cases of tragedy in maternity care are the babies.
    The majority of cases by far are of babies who have had their lives affected or lost through medical malpractice or neglect.
    Abortion or choice of is probably a very small portion of such cases.

    The goalposts are being shifted here. The 8th is a threat to womens lives. We are not talking about babies badly affected through medical malpractice or about abortion/choice (probably?) causing medical malpractice. We are talking about the negative affects of the 8th on womens healthcare and womens choices.

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Closed Accounts Posts: 1,837 ✭✭✭Edward M


    The goalposts are being shifted here. The 8th is a threat to womens lives. We are not talking about babies badly affected through medical malpractice or about abortion/choice (probably?) causing medical malpractice. We are talking about the negative affects of the 8th on womens healthcare and womens choices.

    The goal post have long been shifted.
    The eighth is a bad amendment and needs to be repealed, but what has repeal of the eighth got to do with abortion on demand up to any given period?
    Savita Halipinaver is being thrown around like a snowball (with no disrespect to her intended by me) and used as the reason for repealing the eighth, but quite why her situation would be seen as a reason for allowing abortion up to 12 weeks, or any period for that matter is unclear to me.


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


    Edward M wrote: »
    Savita Halipinaver is being thrown around like a snowball (with no disrespect to her intended by me) and used as the reason for repealing the eighth, but quite why her situation would be seen as a reason for allowing abortion up to 12 weeks, or any period for that matter is unclear to me.

    Abortion up to 12 weeks is only one of the changes being proposed. Abortion when the health of the mother is at risk (Savita), when FFA is diagnosed...

    These require repeal of the 8th as well, but are separate from the 12 week no restrictions proposal.


  • Closed Accounts Posts: 1,837 ✭✭✭Edward M


    If you look at this report, more women per capita die in the UK, where abortion is liberal, than here during pregnancy and childbirth, the US is even worse.
    https://www.telegraph.co.uk/news/health/news/11581302/Women-in-the-UK-more-than-twice-as-likely-to-die-in-pregnancy-and-childbirth-as-many-European-countries.html


  • Closed Accounts Posts: 1,837 ✭✭✭Edward M


    Abortion up to 12 weeks is only one of the changes being proposed. Abortion when the health of the mother is at risk (Savita), when FFA is diagnosed...

    These require repeal of the 8th as well, but are separate from the 12 week no restrictions proposal.

    But then should that be a separate vote?


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


    Edward M wrote: »
    But then should that be a separate vote?

    No, these are in the legislation. You don't get to vote for legislation.

    The question you will vote on is just "Repeal the 8th? Yes/No."


  • Registered Users Posts: 9,349 ✭✭✭nozzferrahhtoo


    Edward M wrote: »
    If you look at this report, more women per capita die in the UK, where abortion is liberal, than here during pregnancy and childbirth, the US is even worse.
    https://www.telegraph.co.uk/news/health/news/11581302/Women-in-the-UK-more-than-twice-as-likely-to-die-in-pregnancy-and-childbirth-as-many-European-countries.html

    Not entirely sure what your point here is, or if there is one? Could you elaborate?

    Though people dying in child birth has nothing to do with abortion? The fact they are giving birth sorta shows they likely did not have an abortion.

    Further though the figures do not stack up with correlating abortion with those deaths. For example Canada has one of the more liberal approaches to abortion and if you check the Maternal Death Statistics per 100,000 births you find they have 7 per 100,000 compared to the US (14) and UK (9). While Ireland comes in at 8.

    And on top of that the countries that do the BEST on those figures..... also have abortion. The number 1 country in that link is greece ("Abortion in Greece has been fully legalized since January 27, 1984.[1] Abortions can be performed on-demand in hospitals for women whose pregnancies have not exceeded twelve weeks.")

    And finally when you say "than here" in your post..... are you getting that from your link? I only sped read the article but I am not sure I saw the figures from Ireland mentioned at all. So where are you basing the comparison to "here" on? Or are you in a different "here" than Ireland?

    So genuinely just not seeing what point it is you might be hinting at with this post. Or indeed if there was in fact any intended?


  • Closed Accounts Posts: 1,837 ✭✭✭Edward M


    Not entirely sure what your point here is, or if there is one? Could you elaborate?

    Though people dying in child birth has nothing to do with abortion? The fact they are giving birth sorta shows they likely did not have an abortion.

    Further though the figures do not stack up with correlating abortion with those deaths. For example Canada has one of the more liberal approaches to abortion and if you check the Maternal Death Statistics per 100,000 births you find they have 7 per 100,000 compared to the US (14) and UK (9). While Ireland comes in at 8.

    And on top of that the countries that do the BEST on those figures..... also have abortion. The number 1 country in that link is greece ("Abortion in Greece has been fully legalized since January 27, 1984.[1] Abortions can be performed on-demand in hospitals for women whose pregnancies have not exceeded twelve weeks.")

    And finally when you say "than here" in your post..... are you getting that from your link? I only sped read the article but I am not sure I saw the figures from Ireland mentioned at all. So where are you basing the comparison to "here" on? Or are you in a different "here" than Ireland?

    So genuinely just not seeing what point it is you might be hinting at with this post. Or indeed if there was in fact any intended?

    My point is that medicare is good here in general given the stats, childbirth here seems to have a better outcome than in a lot of other countries.
    While one case is one too many, and I'm not sure how many there are here, of a needless death of a woman in childbirth, despite the eighth amendment, women seem to fare better here in childbirth than in many other so called more evolved states, where perhaps liberalisation has led to less care?


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


    This post has been deleted.


  • Closed Accounts Posts: 1,837 ✭✭✭Edward M


    ....... wrote: »
    Traditionally there were issues with how Ireland records maternality mortality.

    This Fact Checker might be of interest to you:
    http://www.thejournal.ie/maternal-deaths-mortality-rate-ireland-pro-life-campaign-statistics-2921139-Aug2016/

    - which is good.

    But back to the point you are trying to make. We must have some cases of women who go ahead with an unwanted pregnancy even if they want an abortion because they cant afford to travel or find out too late or whatever. There is no data available on the maternal mortality of unwanted pregnancies because we simply dont record that information.

    OK I accept that.
    Could we honestise the debate then and say that repealing the eighth is actually more about choice than health?


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