The Grumpy Muppet ([info]grumpymuppet) wrote,
@ 2007-05-01 09:21:00
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Here we go again,
Any of you who keep in touch with the Irish news will have no doubt heard this already, but for the ex-patriots among you, Girl seeking abortion challenges HSE

Another case, another letter, this time it's "Miss D" a seventeen year old girl who finds herself in the care of the HSE and carring an anencephalic foetus. A child with this condition, if it survives to full term is not viable, will be blind, deaf, unconscious, unable to feel pain and will die within 3 days of delivery.

Under our current laws this girl as a minor is not allowed to travel to the UK for an abortion, as there is no threat to the life of the mother and the HSE have contacted the Gardai to ensure that she does not leave the State.

It's so disheartening to have to see this issue dragged out again, over the coming days and weeks we will probably see the usual "pro-life" suspects, Youth Defence, Opus Dei and so on trotting out to stick their nose in where it's not wanted. In the C case, they even went so far as to hire legal councel to represent the foetus.

The C case and the resulting referendum happened while I was an active member of the SWP, and it was those marches and demonstrations that I remember most, there was a real sense that what we were doing really mattered, and that people might actually listen to us. I also remember our marches being shaddowed by members of Youth Defence who screamed that we were looking for the "Right to Murder". It always seemed as though we had the greater numbers, and things looked like they might just be about to change.

In the end though the referendum was lost and the law remained as archaic as ever, with a daft concession for cases where the mother's life was in danger, including danger from suicide.

In order to be allowed travel for an abortion therefore this girl would need to prove that the fact that she is carrying her own doomed baby towards a delivery that it is unlikely to survive could prompt her to commit suicide, and even if she did prove that, she would still have to leave the country to get the abortion. It's insanity, the courts may establish that she has the right to abort her pregnancy, but the law will prevent an Irish doctor from performing the procedure, (as far as I know abortions can only be performed in Irish hospitals in emergancy situations where there is an immeadiate danger to the life of the mother).

Will this case spark another constitutional crisis ? Will the nation be divided again on this issue ? Will there be another referendum and another massive fudging of the issue by the government ? How long before another case comes to light that re-opens the whole issue again ?

Thousands of Irish women already travel to the UK for abortions every year, the only requirement is that they have the money needed to pay for a flight, accomodation and the medical expenses. Of course traveling for an abortion often cuts a woman off from councelling services and after care offered by a lot of clinics, which leads to all sorts of problems, psychological and otherwise.

It's way past time for this to be taken by the horns, for the Catholic Church and the Pro-Life movement to be engaged and beaten in open argument, the hypocracy of the current legal status of abortion in Ireland needs to be exposed, and for the reproductive rights of Irish women to be protected properly. It's a woman's right to choose wether or not to keep a baby, no court has the right to force her to justify or explain her choice or her reasons.

Of course, the side of the pro-choice argument that you don't hear is that equal protection should be afforded to women who choose to keep their babies, provision of proper antenatal and postnatal care, a decent child-care system are all part of the pro-choice campaign, the focus is on the word "choice" whatever decision a woman makes regarding her pregnancy, she should have the best support, treatment and aftercare.

Echoing around my head, I can still hear the slogans from the last time,
"Make it free, make it safe, make it legal"

I'm sure there will be much more on this in the days to come.



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[info]kehoea
2007-05-01 02:53 pm UTC (link)
I haven’t been paying close attention to Irish news, so that’s the first I’ve heard of it—what a horrific case :-/ . It wouldn’t be an issue if the HSE weren’t her guardian, right?

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[info]grumpymuppet
2007-05-01 03:22 pm UTC (link)
Certainly if she was not in care, and had the means to pay to travel herself and there were no parental (that is to say potential grandparental) objections then there would be no issue.

In the ten years or so since the C case, three teenagers in HSE care have gone to the UK for abortions, all of whom had to prove that pregnancy posed a threat to their own lives.

It's depressing that this issue needs to be dragged trhough the courts again, and that some unfortunate teenager is stuck in the middle and made the focal point of a nations righteous indignation.

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[info]kehoea
2007-05-02 01:20 pm UTC (link)
It's depressing that this issue needs to be dragged trhough the courts again, and that some unfortunate teenager is stuck in the middle and made the focal point of a nations righteous indignation.
Aye, as ever :-/ .

Here, do you have a wedding list on line or in Dublin somewhere?

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[info]grumpymuppet
2007-05-02 01:59 pm UTC (link)
We don't have a wedding list, the actual wedding is going to be just 18 guests and we have most of the usual household wedding gift type stuff already so we aren't really expecting wedding gifts.

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[info]spacetweek
2007-05-02 04:02 pm UTC (link)
Agreed. The consistent failure of governments here to discuss and decide on this and put plain-faced questions to the electorate is really perplexing.

Aidan, there's more info here. Apparently a referendum was passed in 1992 which guaranteed your right to travel to have an abortion somewhere else. However this doesn't apply when you are in HSE care.

Also, according to that article, the girl is only in care in the first place as a result of an incident where she was punched in her pregnant stomach by her own mother recently, which shows you how perilous her situation is.

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[info]grumpymuppet
2007-05-03 07:25 am UTC (link)
The weak wording of the law and the untenable consititutional requirement to "protect the rights of the unborn", (established by referendum in 1983) just makes the whole thing impossible.

The sad reality is that as long as the constitution remains the way it is, then cases like this one are going to crop up, cause huge political difficulty, constitutional crisis after constitutional crisis and generally mess up more young lives that are already pretty messed up.

I can't imagine how this girl feels, knowing that the baby she was looking forward to is going to die must be heartbreaking, having to defend her right to terminate the pregancy just adds insult to injury. I heard on the radio this morning that there will be a lawyer in court to represent the rights of the unborn. So she will have to sit in court while her lawyer argues against a lawyer representing the foetus inside her.

An interesting side point, is that creationists, who argue that humans could not have evolved from simple single celled organisms, are the very people who tend to defend the rights of simple single celled zygotes that grow into humans.

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