The next government must take urgent action to bring its draconian abortion laws in line with its international human rights obligations, Amnesty International said today following the UN Committee on the Rights of the Child’s assessment of the state’s approach to children’s rights. The Committee today issued its Concluding Observations on Ireland’s third and fourth periodic reports under the UN Convention on the Rights of the Child.
“Ireland is under fire once again on its abortion laws from the UN human rights bodies it helped create. Today’s findings by the UN children rights Committee is yet another signal that Ireland’s denial of access to abortion and criminalising women and girls is a breach of their human rights. The committee’s comments show that it is not only women in Ireland who are being harmed by Irish law on abortion, but girls too,” said Colm O’Gorman, Executive Director of Amnesty International Ireland.
“The committee’s very clear instruction that abortion should be decriminalised in all circumstances needs to be heard and urgently acted on by the next government. This and its call for a review of the law to allow access to safe abortion and post-abortion care services needs to be one of the next government’s priorities. For these to happen, the eighth amendment must be repealed.”
The Committee stated specific concerns that the Protection of Life during Pregnancy Act (2013) only allows for abortion when there is a “real and substantial risk” to the life of the girl, and criminalises abortion even in instances where the pregnancy results from rape, incest, or in cases of severe foetal impairment. In particular, the committee criticised the term “real and substantial risk” used in the 2013 Act, as it prevents doctors from being able to provide services in accordance with objective medical practice.
“These are very serious condemnations of Ireland’s restrictive and punitive position on abortion. The next government can neither hide from nor deny the reality that the eighth amendment is causing serious violations of the human rights of women and girls. It is surely crystal clear now that a referendum is needed,” said Colm O’Gorman
The committee also found a “severe lack of access to sexual and reproductive health education and emergency contraception for adolescents”. It urged that a comprehensive sexual and reproductive health policy for adolescents be adopted, and that sexual and reproductive health education be part of the mandatory school ccurriculum.
“Not only does Ireland deny its girls access to abortion, even in the very minimum circumstances required under international human rights law, but it fails to provide proper sexual and reproductive health education and emergency contraception for adolescents. This is shocking. This damning criticism by the Committee needs to be taken seriously by the next government.
“The time for dodging this issue is past. No Irish government can continue to bury its head in the sand as women and girls are forced to leave their homes and families to access the care that they need in other countries,” said Colm O’Gorman
The full text of the Committee’s comments on abortion and sexual and reproductive health is as follows:
58. The Committee is concerned about the “The Protection of Life during Pregnancy Act” of 2014 which only allows for abortion when there is a “real and substantial risk” to the life of the mother and criminalises abortion even in instances where the pregnancy results from rape, incest, or in cases of severe foetal impairment. Furthermore, the Committee is concerned that the term “real and substantial risk” prevents doctors from being able to provide services in accordance with objective medical practice. The Committee is also concerned at the severe lack of access to sexual and reproductive health education and emergency contraception for adolescents.
59. In the light of its general comment No. 4 (2003) on adolescent health, the Committee recommends that the State party:
(a) Decriminalise abortion in all circumstances and review its legislation with a view to ensuring children’s access to safe abortion and post-abortion care services; and ensure that the views of the pregnant girl are always heard and respected in abortion decisions;
(b) Develop and implement a policy to protect the rights of pregnant teenagers, adolescent mothers and their children and combat discrimination against them;
(c) Adopt a comprehensive sexual and reproductive health policy for adolescents and ensure that sexual and reproductive health education is part of the mandatory school curriculum and targeted at adolescent girls and boys, with special attention on preventing early pregnancy and sexually transmitted infections; and,
(d) Take measures to raise awareness of and foster responsible parenthood and sexual behaviour, with particular attention to boys and men.