The old eighth amendment hit the news once again over Christmas after the High Court ruled doctors could switch off the life support machine of a clinically dead pregnant woman.
The young mother-of-two, who was 15 weeks pregnant, suffered a severe brain trauma on November 29
th and was declared dead four days later when concerns were raised regarding the constitutional rights of her unborn child. In the absence of clear legal advice from the HSE, doctors were unable to make a decision on her fate, despite requests from both her partner and her father that she be granted a dignified death.
Commenting on the case, which was taken by the woman’s father, judges said the condition of the mother was failing at such a rate and to such a degree that it would "not be possible for the pregnancy to progress much further or to a point where any form of live birth will be possible.”
In their ruling on St Stephens Day, the judges described the efforts to keep the woman alive as “a futile exercise which commenced only because of fears held by treating medical specialists of potential legal consequences”.
This 'eighth amendment' term rears its head more often than we'd like in the Irish news, but it's a tricky one to get your head around. So what exactly is it? And how does it affect women in Ireland today?
What it is Made following a referendum on abortion in 1983, the eighth amendment to the Constitution is also known as Article 40.3.3.
What it says: “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.”
What it means Abortion is a criminal offence in Ireland. The right to life of the unborn foetus is equated with that of the mother.
Any exceptions? The Protection of Life During Pregnancy Act 2013 is an Act of the Oireachtas which defines the circumstances and processes within which abortion in Ireland can be legally performed where pregnancy endangers a woman's life. The Act specifies the number and specialty of medical practitioners who must concur that a termination is necessary to prevent a risk of death.
What’s next? Minister for Health Leo Varadkar has confirmed he plans to discuss the latest tragic High Court case and its implications this month, but with a number of referenda due in 2015 it appears unlikely that a referendum on the 1983 eighth amendment will be held this year.
Why are we not surprised about that one.
