Ireland is one of just a handful of countries in Europe that outlaws abortion. But that might change on May 25.
The referendum
Irish citizens will vote in a historic referendum on Friday, which could see a change to the country’s restrictive abortion laws. The referendum will ask whether they want to remove the Eighth Amendment, thereby allowing politicians to create new abortion laws in the future.
According to the BBC, the precise wording of the referendum will be: “Provision may be made by law for the regulation of termination of pregnancies.”
In March, Ireland’s Health Minister, Simon Harris, outlined what this government legislation would look like if the people voted to repeal the Eighth Amendment.
Abortions would be accessible to women who are in their first 12 weeks of pregnancy. Beyond that, abortions would be permitted only if the woman’s life or physical or mental health is at serious risk, up to 24 weeks. There would also be an exception in cases of fatal fetal abnormality.
The law—as it stands
While women are not prevented from seeking abortions in other countries, there are currently few circumstances in which an abortion is permitted in Ireland. Since 2013, they are allowed only when the mother’s life is at risk, including from suicide.
Accessing an illegal abortion is currently punishable, with a maximum penalty of 14 years in prison.
The Eighth Amendment
All of this stems from the Eighth Amendment, which was passed in 1983. Prior to that, many of Ireland’s laws were retained from the U.K., including a law that criminalized abortion.
In the 1980s, when many other countries began to loosen restrictions around abortion, pro-life activists in Ireland wanted to avoid the same from happening at home. As such, they lobbied the government for a referendum, which passed, with more than 65% in favor. The Eighth Amendment was then introduced to the country’s constitution, and it read:
“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.”
Subsequent amendments
Since then, Ireland has held a number of subsequent referendums, which have loosened the restrictions somewhat—but not legalized abortion entirely.
Three referendums were held in 1992, resulting in the adoption of the 13th and 14th amendments. They allow women to travel abroad for abortions and to access information about abortion services from other countries, respectively.
A third amendment, which sought to remove suicide as grounds for abortion, was rejected in 1992 and again in another referendum in 2002.
In 2013, this was finally taken off the table with the passage of the Protection of Life During Pregnancy Act. The law clearly defined three circumstances under which an abortion could be performed: risk of loss of life from physical illness, risk of loss of life from physical illness in emergency, or risk of loss of life from suicide.
Whatever the outcome, this referendum is historic: it will be the first time anyone who came of age since 1983 will have an opportunity to influence the abortion laws in Ireland.