Abortion: The facts

May 22, 2018 by

By Sarah Bardon, Irish Times.

As Ireland prepares to vote in a referendum on abortion we lay out the facts surrounding an issue that has divided the Irish electorate for decades.

As the debate on the Eighth Amendment of the Constitution gets under way, the arguments will centre on a few key questions. A number of words or phrases will be often referred to during the course of the referendum campaign. Here is a brief explainer on what each means.

THE EIGHTH AMENDMENT

The Eighth Amendment was inserted into the Constitution after a referendum in 1983. The amendment guarantees to protect as far as practicable the equal right to life of the unborn and the mother. It prohibits abortion in almost all cases. It states: “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.”

ARTICLE 40.3.3

After a referendum in 1983, Article 40.3.3 became the Eighth Amendment to the Irish Constitution. It guarantees to protect as far as practicable the equal right to life of the unborn and the mother, and prohibits abortion in almost all cases. It states: “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.” The 13th and 14th amendments were introduced in 1992. The 13th specified that the prohibition on abortion would not limit freedom of travel in and out of the State. The 14th stated the prohibition would not limit the right to distribute information about abortion services overseas.

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Editor’s note: This article is useful as background to the vote taking place on the 25th, and also contains a survey of abortion law in Europe, which shows the UK to have the most liberal abortion practice, and even the restrictions we have are often not adhered to.

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