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THE HISTORY OF the Eighth amendment is more akin to an alphabet. Six anonymous women – A, B, C, D, X, and Y – have been the subject of cases resulting from the complicated legal mess emanating from the Eighth Amendment.
Every case has been followed by controversy, and calls for change. However, 20 years after the X case, it seemed that those calls had mostly fallen on deaf ears.
On 28 October 2012, a woman began to miscarry. She sought treatment at University Hospital Galway.
Upon admission, she repeatedly requested an abortion. It was denied by medical staff who believed that she was not entitled to a lawful termination. She was instead given antibiotics. Two days later, the woman collapsed, suffering from septic shock. Treatments were unsuccessful, and she died on the 28 October 2012.
Savita
Her name was Savita Halappanavar. She was a 31-year-old married dentist from Belgaum, India. Two things strike me as different about Savita. The first is that she was ‘normal’. Not in a poor state of mental health, nor suffering from preexisting medical conditions. The second is that she was not anonymous – Savita kept her name.
It is easy to dehumanise those facing abortion. To think that they are exceptional. That they are young women who made a foolish decision. That they are irresponsible. That they are sluts. That they are murderers. It is easy to hide them behind a letter, and to refuse to change the law that caused their suffering.
Savita’s death challenged these perceptions. The HSE report lead by Professor Arulkumaran named legal uncertainty – caused by the Eighth Amendment – as a causal factor in her untimely passing. A termination would have saved her life. She was entitled to this treatment under the judgment in the X case.
Until 2013, however, Ireland refused to back this judgment with legislation.
Overly-restrictive
The Protection of Life During Pregnancy Act was hailed as a solution to the series of cases. Simply put – it wasn’t. The overly-restrictive process replaced uncertainty with bureaucracy, and did little to liberalise the law on abortion overall. The cases continued.
In April 2014, Miss Y arrived in Ireland. She had been raped in her home country. She subsequently discovered that she was pregnant, and sought an abortion. Despite the two psychiatrists on the required panel attesting that she was suicidal, she was denied an abortion. She had previously attempted to travel to the UK for an abortion, but was arrested on arrival for illegally entering the country.
The foetus was delivered by caesarian three months later, when viable.
In December 2014, a pregnant woman – known only as PP – was declared brain dead as a result of a head injury. She was subsequently placed on life support in order to preserve the pregnancy.
Doctors in both hospitals wherein PP was treated believed that the presence of a foetal heartbeat required them to maintain the woman’s rapidly decaying body. Three weeks later the High Court clarified that she could be disconnected.
Courts
Whilst this may appear to be a sensible judgment, it is arguable that it would allow for a dead body to be used as an incubator where the foetus may eventually become viable. Once again, the Eighth Amendment has put reason out of reach in order to dogmatically protect the unborn.
To quote Dr Mairead Enright of UCC:
Doctors in court repeatedly asserted that they and their colleagues felt bound by law to pursue a course of action which subjected a woman to treatment which they recognised as not only extraordinary but grotesque.
Until we repeal the Eighth, there will be more cases. More women will suffer. More bizarre situations will emerge, that could be easily remedied in any other European legal system. In the eyes of the law women will also be considered as vessels for their fetus, preventing them coming first when they need medical treatment. Our shameful alphabet will continue to grow.
If you believe that we need to change the law in any form – be it allowing abortion for rape victims, in cases of FFA, or on demand – then you need to ask for a referendum on the Eighth. If you believe that mothers should come first when being treated medically, then the Eighth needs to be repealed.
If you want us to treat women with dignity, the path is clear.
Sam Elliot is a recent graduate of DCU’s BCL programme (1.1). I’ve previously been a committee member of the DCU Sociolegal Studies Review, and represented the university as an intern in the Supreme Court.
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In fairness, whether you agree or not, a survey by trade unions about anti-trade union practices is hardly going to be seen as unbiased.
Just the same as a survey from IBEC saying the exact opposite should be treated with a grain of salt too.
@P. J.: Agreed. But where there’s smoke, there’s often fire.
@Nick Vasilakis:
Agreed too. I don’t doubt it happens in some cases but using the word “rampant comes across as self serving.
The trade is noon movement in Ireland destroyed their own credibility years ago
@Fergus O’Donnell: Please expand…
@Nick Vasilakis: when collective bargaining ended they sat on their laurels. They linked themselves to political parties and business interests. Their high paid officials had wage increases linked to civil service rates which determined their negotiating priorities. They invested badly and overspent their ‘strike funds’. They engaged in underhanded unequal practices. They took credit at official level for the work of shop floor representatives. They put no effort into protecting small employers when multinationals nudged them out. They lost their way. They have not protected the Irish working people’s right to freedom of association as written into our constitution. Representation of workers is essential. They let it slide while they feathered their own nests.
@Fergus O’Donnell:
Did not help with the plastic marixests bad mouthing Siptu and it’s officials.
@lastfewchocices: AND
The Trade Unions themselves became Big Business, creating their own entitlement culture for their own senior management, distancing themselves from those they were created to represent.
Too often they simply are in cosy relationships with government and Big Business.
@Fergus O’Donnell: did they not change your nappy properly?
Unions in this country are a joke. Most in bed with the employers. The employer can treat you like crap for the first year of your employment and get rid of you as you can only take unfair dismissal after 12 months. Even if you take dismissal claim you’re years waiting for it to come to completion and if you find a job right away after leaving one you won’t be entitled to any compensation anyway. Whole system is to ride the employee. Is it any wonder any good hard working young Irish person who doesn’t have a rich mammy hand daddy is long gone out of this place.
Unions have sided with government and companies for years
@John Reynolds:
People before Profit member are we?
@John Reynolds: give some real examples?????
Bar public sector unions, unions hold little or no sway in this country anymore as in fairness worker’s conditions are far superior to what they were years ago. However one of the main reasons that we have such a poor public sector and in particular the Health Service is because of the Unions. For decades they have opposed any kind of change in the Health Service, to the point where all public sector workers automatically get pay increases every year without anything in return.
@The Firestarter: Yep, they truly are the reason why things go from bad to worse, especially in health and other PS ” services.”
Have a relative who has a valid grievance with her employer, so as per procedure, her union rep was contacted and spoke with her……….the rep sided with the employer and now it’s gone legal is denying what was said by him. This is in the PS btw.
@The Firestarter:
Public Sector unions give unions a bad name, not for the benifits they get their members
They get it for defending restrictive work practices and defending unsackable incompetent civil servants etc which has damaged the health service.
@The Firestarter: The health service was decimated by the Doctors Union, if you call it a unions.
The unions representing the front line staff have supported the staff as doctors and management cleaned up earnings wise.
It’s sad that trade unions are being run by Communists now, because they have their well-deserved place in society, if it weren’t for them, we would be living in worse conditions. But I wouldn’t dream of joining a union where the likes of Comrade Jack O’Connor preside it. Who is the most famous trade unionist of modern times? Lech Walesa, he, a shipyard worker brought Poland’s Communist government to its knees and ended Communism as well as starting the domino effect of the end of Communism in Europe. Trade Unions were not allowed in Communist states, he fought against communism and now, the communists have taken over the trade unions.
@J Ven:
This is the problem, our home grown middleclass communists see the trade unions as a steadying influence on industrial relations which benifits the economy. Plus the working class in Ireland have never being dumb enough to buy into what the communists are selling so the unions and their officials must be discredited in order for the seeds of discontent to be sown.
@J Ven: I know a lot of union people from various unions. I have never heard of all these communists you speak of running them.
Sure some of the are politically active but not for the Communists!
I’m pro-union but I wouldn’t expect employers to allow unions to use their facilities to unionise their workplace. ‘Hushed conversations in dark hallways’ come on. This isn’t Tinker, Tailor, Soldier, Spy.
@Ronan Mc: There is a constitutional right to belong to a Trade Union.
@ItWasLikeThatWhenIGotHere: Alright, Captain Obvious.
Trade unions represent the collective interests of workers in negotiations with employers. They advocate for fair wages, benefits, and working conditions.
Unions engage in collective bargaining, which allows workers to negotiate from a position of strength. This often leads to better contracts than individuals could achieve alone.
Unions work to safeguard job security for their members, advocating against unfair dismissals and promoting stability in employment.
Unions prioritize workplace safety and health regulations, ensuring that members work in safe environments and that employers adhere to safety standards.
@Alan H:
And when you are finished with the fan mail blurb tell us what happens in the real world.
@P. J.: it’s only with the absence of trade unions you realise how important they actually are. Employers give barely the basic legal requirements to employees, it’s only through effective representation that employees gain rights. With a trade union in your corner, you are open to unfair treatment.
Strength is unity, and unity is strength. Join a Trade Union
@Alan H: without not with
@Alan H:
Good god Alan I’ve never seen so many clichés in the one comment, looks copied and pasted straight from a union pamphlet
@P. J.: The 5 day week was brough about by unions. That is just one of the numerous things they have done.
@P. J.: Alan h obviously knows what a union stands for, but I expect you haven’t a clue from your comments. What age are you and where do you work.
@Pam Dempsey:
In my fifties.
Worked in the private sector till mid 20s semi state and state until early 40s then back to private (contract/part time) for the last ten years.
Didn’t realise we still had a union after the 5 million fiasco,how come we heard nothing from the so called unions after the last budget where if u are unemployed you got better looked after.
@Mike Mulcahy: If you are getting welfare you are not being “looked after” not even close.
@Gary Kearney: mentioned nothing about being better looked after,I meant take home pay.
Is it not the case that unions have become a thing of the past, through their own fault and a population now more interested in having issues resolved on their mobile phones ?
@RIP:
I’d say there are two sides to that, one, we are better educated as a whole, better able to negotiate for ourselves, two we are greedier, we love the idea of getting slightly more than the person beside us for doing the same job.
@P. J.: falling into the capitalist trap, division and infighting allow some employers to get away with sharp and unsafe practices.
Only by uniting and bargaining collectively can you achieve meaningful results.
As a former union rep in my job told me, a waste of time, the people you represent treat you like dirt, management despise you & target you unless you play ball & the union hierarchy treat you the worst of all. He said the only reason he still has a job was that he made recordings of conversations, meetings etc about illegal practices.
Its amazing reading some of the comments here, the bashing the unions are getting, just for one minute lets look at our health service and the state its in, everyday we here there needs to be changes etc. If any politician tried to make any changes and sort that department out, who would be the first to stop it the Unions people in the public service cannot be sacked for poor service why because their protected by Unions, there maybe bashing going but the unions are fit and well especially in the public service.
@conriel: What initiatives have unions stopped in the health service?
@Sean Hayes:
Nurses union blocking the introduction of nursing assistants like they have in Britian which can do the more simple stuff.
If we had proper trade unions here there would be mass strikes to protest at the state of the health service – not medics pay – the state of our schools, policing and most of all housing. Long ago unions gave leadership on social issues, now they’re like the smoked salmon socialists in the Dail. Nearly every worker on a building site must have his own C2 so that he’s responible for his own time off, sick pay etc etc. Of course this all falls into the pocket of the government who can come up with initiatives like €9 million for phone pouches.
@Thomas O’Donnell: Strikes particularly in the health service are the nuclear response. Due top the nature of the job also a caring professional does not want to refuse to care.
It is up to the people to pressurise the government. Unions do and then get attacked for it.
Excellent to see unions are utterly and completely useless.
What I’ve noticed over many years involved with unions is the reps’ all seem to have 3 level degrees now.
Years ago the reps’ came from the shop floors after learning their trade as shop stewards and were well turned in to the guys they represented.
Educated ones are to logical.
@H Woo: agreed. They even have PR officials.
Is this Waterford Whispers?
@If you’re: No. Go to your doctor and and tell him you are having symptoms of early dementia. This is The Journal.
@Stephen: If I have early signs of dementia , I’d go to the Journal and tell her I don’t remember remember the fifth of November. Need another bleach injection I suspect. Gost bipal for 1985…
If it wasn’t for public sector unions half the public sector would be relocated or sacked. So if your a member of the public sector unions are great. But if your a member of the public unions are the people that have hamstrung services for donkeys years.
@Gavin Smartr: You wen t for the low fruit, picked it and now realise it is a plastic fruit. Are their civil servants that should be thrown out, yes and many are.
So many PS workers take the brunt of the lack of knowledge or understanding of the jobs they do and the pay they actually get.
I remember my brother was in a lock out and the paper said they were earning £1000 a week. That was a lie. I was out for a one day strike and were said to be earning twice as much as we did.
Have a look at the starting rates in the CS and how long it takes to get to the top of the pay scale and think again.
@Gary Kearney: I never mentioned anyone’s earnings. What I said was without there trade unions half of them would be either relocated or sacked. The post is still there so ye can have another read of it.Fyi I to worked in the Cs for a very short time. I sat at a desk that wasn’t needed waiting on work that would rarely show up. It was without a doubt the most sole destroying employment I have ever had. Our office was staffed on a use it or loose it basis.
Good. Labour unions are a cancerous leach on public expenditure and the free market. The idea that unions are for “the workers” is like saying that politicians are for “the people.” Unions are for unions just like politicians are for politicians. Unions keep pushing for minimum wage increases not to help people, but to put the competition out of business. Low-skill workers who would typically work for entry-level wages have to compete with higher-skilled union workers who demand government-mandated wages set at an artificially higher level. Minimum wage rates are higher than what a low-skilled worker would be typically worth if the market set the wage rate and as a result they are simply priced out of the job market. The sooner that unions are abolished, the better.
Unions abandoned Workers a long time ago, they forgot their roles. We have had direct experience of paying subs & then being failed by the Union. Most Trade Unions now are being used by certain political parties & leaders, using it as a vehicle to further their political careers or start them. They are so bogged down in events happening around the World & their Woke agendas, they don’t even know what’s happening on the ground in work places. Waste of time paying Union subs, no longer do.
Ya the trade unions say?
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