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

Ms Christina Zampas:

I am not here to make specific recommendations on gestational limits. Human rights bodies have not done that. That has primarily been left up to the states and there has not been much challenge to gestational limit laws. It is an area where there is not much jurisprudence from human rights bodies on that. The committee could consider examining how other European countries handle it. Most of the 40 member states of the Council of Europe that allow abortion on request range from having a period of 12 to 18 weeks on request. They allow from ten to a maximum of 18 weeks on request and afterwards they allow for abortion on other minimum grounds. In almost every country in Europe, the life and health exception does not have a limit. It is very hard to distinguish between health and life. When does a health risk become a life risk? That decision has to be made depending upon the individual situation. The health care provider and the woman are in the best position to do that. In almost all countries in Europe, there is no gestational limit for when a woman's life is in danger or when her health is in danger.

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