Aborting Irelands Conservatism

Ireland has never always been on good terms with it's European neighbours. While we are happy with the mass EU investment in Ireland which significantly improved Ireland, and the EU's help in cases involving the UK such as Ireland vs The United Kingdom, where the European Court of Human Rights ruled that the UK had performed inhumane and degrading torture, and violated the European Convention of Human Rights. What annoys Ireland is when Europe breaches it's territory on domestic policy. As an example, a major argument in opposition to the Lisbon Treaty was their ability to interfere with Irish military and abortion policy. Fortunately, this were struck down as untrue (Which they were), but it shows that regardless to anything in that bill, the issue of Ireland losing sovereignty is a major issue to us Irish.

Now, when the case of A, B and C vs. Ireland was brought to the European Court of Human Rights (Which was an abortion case, not alphabet city suing Ireland), people naturally got a bit nervous, because A, B and C were women who were suing Ireland for their denial of abortion in Ireland, and having to travel abroad to get one. To draw a parallel, the European Court of Human Rights (Which from here on in will be known as the ECHR) ruling in favour of A, B and C would be our Roe vs. Wade, and would apply to all Council of Europe nations.

Now, there are two obvious questions here, 1. Why does Ireland care so much about having control of all of it's domestic policies in comparison to its European neighbours and 2. Why is Ireland so uptight about Abortion.

To understand 1, we must travel back about 100 years. Before 1921-22, Ireland didn't have any say in it's laws. All laws were made in the British parliament in Westminister. Despite the fact we had 103-105 seats out of  665 seats, which was more than our fair share of seats, we still didn't have a great amount of influence. Most of our policies were, as we saw it, decided by a foreign government who didn't have our interests at heart. Although the majority of people were in favour of an Ireland-UK union up until some major British mistakes, it was viewed as a dark times and we pride ourselves with our independence over one of the largest empires of all time. We still have that sense of Irish pride over our independence from Britain, and thus aren't willing to submit ourselves in the same way our European brethren are, to the EU and Council of Europe.

Number 2 has a fairly simple explanation, and that's religion. For most of the 20th century the Catholic Churhc had an Iron Grip on Irish affairs. As some say, Ireland was freed from British rule and put under Rome's rule. It was so bad that at one point the Archbishop was consulted on all government decisions, any adult context or content that was deemed anti-religious was banned (Even a novel which mentioned 2 women kissing), movies were regularly banned or censored, homosexuality was outlawed along with contraception and divorce, and priests were allowed get away with child abuse en masse. This gives you an idea of the situation. The Church didn't agree with abortion, and thus it was outlawed.However, the Churchs grip faltered in the 1980's, and was gone by the 1990's. And then Irish laws were liberalised, extremely.

So far Ireland has had 5 referendums on abortion. The Eight Amendment passed in 1983 made abortion illegal except in cases where the womans life was at risk. Amendments twelve, thirteen and fourteen were held on the same day, with all but the former being struck down. Thirteen and fourteen established a womans right to travel abroad for an abortion and to obtain information about abortions, respectively, while twelve would have recognised that suicide was not reasonable grounds to seek an abortion. A failed twenty fifth amendment would have tightened abortion laws, by basically bringing in the field twelfth amendment and putting severe penalties in place for abortion performers.

This roughly sums it up

Of course, the legacy of the Catholic Church is still in place, and abortion is still a controversial topic. Indeed, the government would be more than happy if the CoE (Council of Europe) solved the situation for them and say "Oh, Europe has our backs tied, there's nothing we can do about it!!". The thing abotu abortion is that, besides some extremist groups, people generally don't like to get into discussions abotu it. It's the Voldemort of Irish politics, you just don't say it. And the polls are less than helpful.

The pro-life polls find that 70% of respondents were in favour of constitutional protection for the unborn, 13% opposed and the rest, 16%, undecided. The pro-choice polls by the Irish Family Planning Association found the following:

- Approximately nine out 10 respondents (87%) agreed that termination of pregnancy should be permitted if the pregnancy seriously endangers the woman’s life;
- More than three quarters of respondents (79%) agreed that termination of pregnancy should be permitted if the woman’s health is at risk;
- Nearly eight out of 10 respondents (78%) agreed that termination of pregnancy should be permitted if the pregnancy is the result of sexual abuse / rape or incest;
- Just under two thirds of respondents (62%) agreed that termination of pregnancy should be permitted if there is evidence of a profound foetal abnormality;
- Over four out of 10 respondents (41%) agreed that termination of pregnancy should be permitted if the woman believes it is in her and / or her family's best interest;
- Only three per cent of respondents felt that abortion in Ireland is not acceptable under any circumstances

Depending on what poll you look at, you have a vastly different  picture of Irish society. However, I find the pro-choice poll more reliable simply because it was far less ambiguous and made it's questions clearer, as I'm sure most respondents are unaware that Irish Medical Ethics implies Irish doctors cant' perform abortions.While its' safe to say the majority don't believe in an abortion unless there's a legitimate medical reason, the majority obviously favour abortion if there is a valid reason, and furthermore that Irish doctors should be allowed perform them.

Now, the ECHR has a well founded reputation as a secular organisation, bad has ruled in favour of schools banning headscarves and Italy banning crucifixes from classrooms. Should the CoE  rule in A, B and C's favour, a referendum still needs to be held. Of course, Ireland doesn't have to abide by the protocol, as it isn't obliged to sign and ratify it. The best Ireland will get out of this is a referendum which will probably be passed. The most likely conclusion of a ruling would be a referendum. Despite what it wants you to think, the Irish government isn't that ballsy when it comes to European matters. It also doesn't need to piss of it's neighbours at the moment, when it needs approval by the EU to get bail-outs.

Of course, this ruling won't be too much of an issue for the CoE. Only 3 members, Ireland, Poland and Germany, don't have abortion available on demand, and the latter two have it available for what the ruling will imply, the right to abortion in their home nation and in cases of fetal defects. It won't be as much of a Roe vs Wade as a ruling confirming what is basically the status quo, and bringing Ireland into line with the modern times.

Blue: Abortion on Demand; Yellow:Legal for rape, maternal life, health, mental health, socioeconomic factors, and/or fetal defects; Brown: Legal for rape, maternal life, health, mental health, and/or fetal defects; Orange: Legal for rape, maternal life, health, and/or mental health: Red: Illegal with exception for maternal life, health, and/or mental health.

The law will also solidify the stance of the ECHR on issues such as abortion, that it has a liberal and secular agenda, and will use this as a marker for any nations which wish to be included in Europe. I think such a ruling will further divide the left and right into pro-Europe and anti-Europe respectively. The left will see Europe collectively as a safeguard for rights, while conservatives will see it as a threat to a nation being able to repeal laws.

A ruling is expected some time within 2010, and when it does come, and 99% likely in favour of A, B and C, then it will prompt the Irish left, which has been relatively quiet on such issues. It may also prompt a backlash by the Irish right, which has been far more vocal. Overall, this ruling will only effect Ireland, and will more than likely result in a liberalisation of our laws and  more Euroscepticism from the Right.