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End 30 years of Hardship and Discrimination - Repeal the Eighth Amendment

Published: Monday, October 07, 2013

On the 30th Anniversary of signing the Eighth amendment into our Constitution, today, 12 women’s and civil society organisations released a joint statement highlighting the detrimental impact that Article 40.3.3 has on women in Ireland and announcing a national campaign for its repeal.

The joint statement was signed and endorsed by National Women’s Council of Ireland, Doctors for Choice, Action on X, Irish Council for Civil Liberties, Abortion Rights Campaign, Socialist Party, Akidwa, Cork Women Right to Choose Group, Dublin Wellwoman Centre, Termination for Medical Reasons Ireland, Unite and the Union of Students in Ireland.

At the press conference Ailbhe Smyth, Action on X, said: “Article 40.3.3 continues to threaten the lives and health of women and girls in Ireland. It creates an artificial and dangerous distinction between a woman’s life and her health. To avoid another death like that of Savita Halappanavar, and to make provision for abortions for this and the many other valid reasons women choose to end their pregnancies, we call for the repeal of the Eighth Amendment.”

Jacqueline Healy, National Women’s Council of Ireland said: “We have asked the Constitutional Convention to review Article 40.3.3 with the aim of removing it from the Constitution to facilitate full access to reproductive health for women in Ireland. Only a referendum can sufficiently protect the lives and health of women and girls. The new legislation on abortion only deals with a tiny number of cases and will not change anything for the majority of women with crisis pregnancies in this country. A repeal and further legislation must happen before another tragic case arises or before further cases are brought before national and international courts.”

Dr Peadar O'Grady, Doctors for Choice said: “To deal with the restriction of safe access to abortion services in Ireland, including in situations involving fatal foetal abnormalities and rape, requires the repeal of the Eighth Amendment. As the vast majority of Irish people favour an end to these restrictions a referendum should be called without delay.”

Stephen O’Hare, Irish Council for Civil Liberties said: “Article 40.3.3. prevents Ireland from meeting its international human rights obligations. The Constitution requires women who wish to procure a safe and legal termination of pregnancy in cases of rape or fatal foetal abnormality to travel to a neighbouring jurisdiction.  Recent case law of the European Court of Human Rights suggests that to treat women in this degrading fashion may fall foul of Article 3 of the European Convention, which prohibits inhuman and degrading treatment.”

The joint statement is available on the website