Oireachtas Joint and Select Committees

Wednesday, 4 October 2017

Joint Oireachtas Committee on the Eighth Amendment of the Constitution

Eighth Amendment of the Constitution: Constitutional Issues Arising from the Citizens Assembly Recommendations

1:30 pm

Photo of Clare DalyClare Daly (Dublin Fingal, Independent) | Oireachtas source

If Professor Binchy wishes we can certainly do that. We can exchange quotes later on. I notice that none of his contribution was referenced but we can deal with that now. We are trying to develop guidance for changing our legislation. I would like to ask a question of Ms Zampas. International human rights law is evolving all the time. Our challenge here is to change our law to be in compliance with that. Ms Zampas spent a lot of time dealing with the difficulties of bringing about a restrictive regime or a reasons-based regime. Will she expand on that? Would introducing legislation which permitted abortion in cases of, for example, rape, fatal foetal abnormality or serious risk to health satisfy our obligations under international human rights law? Under international human rights law, when is it permissible to delay or withhold a pregnant woman's access to health-preserving medical care in order to preserve the life of the foetus? Is it more acceptable if the risk to her health is less severe? How are those issues dealt with? Ms Zampas has had experience in El Salvador. She may like to look at the area of when it is permissible under international human rights law to detain a pregnant person in a hospital or psychiatric facility in order to prolong her pregnancy.

It may also be important to touch on the point which Ms Zampas made in her submission, which was that placing women at the centre does not mean that states should ignore foetal interests. That is a very important point. Will Ms Zampas elaborate on it? How could a state like Ireland protect both women and foetuses in the context of abortion law? What is the best way of doing that?

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