Oireachtas Joint and Select Committees

Wednesday, 8 November 2017

Joint Oireachtas Committee on the Eighth Amendment of the Constitution

International Legal and Services Context: Dr. Gilda Sedgh, Guttmacher Institute and Ms Leah Hoctor, Center for Reproductive Rights

1:30 pm

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

I could introduce them here. They are on horse racing, testing, etc. I apologise if I have to leg it before hearing an answer to my questions to the witnesses.

I was going to raise the floodgates issue. I note my question has largely been answered. On page 5 of Dr. Sedgh’s report, she refers to varying rates across countries where abortion is broadly available. The report touches on the point that it is not necessarily a question of legality or illegality in terms of abortion rates but a question of a range of other factors. Could Dr. Sedgh expand on some of the points on the variance within the countries where abortion is broadly legal?

With regard to the Siobhán Whelan case, it was stated in the media yesterday that she was awarded €30,000. While financial considerations are of far less consequence than the emotional damage being done to women, could Ms Hoctor outline the minimum criteria Ireland needs in its legislation to avoid this? I presume there will now be many other cases coming on stream that will highlight not only the emotional impact but also the financial cost to the State. What do we need to do in our law to prevent what occurred from happening again, making reference to the cases in which Ms Hoctor’s organisation has represented people?

My other point is on the preamble to the UN Convention on the Rights of the Child. It has been bandied around this committee a bit. It refers to the protection of the child before birth. Could the witnesses deal with that in the context of clarifying what has been alleged, namely, that this gives the foetus the right to life, as such, and, therefore, prohibits abortion? Clearly, it does not considering that all the countries among which we stand out like a sore thumb are signatories to the convention. A little more information on this would be very useful.

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