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 Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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I refer to the constitutional framework we have, which refers to the real and substantial risk to the life of the mother and underpinning that is the Protection of Life During Pregnancy Act 2013, which effectively allows for a termination when the life of the mother at "real and substantial risk". For a medical point of view, that is a high threshold to attain. One has to assume that the life of the woman is at a real and substantial risk. Medical practitioners can make a decision based on that assessment but when we get into the health of the woman, socio-economic reasons, etc., where does the issue of the conscience of clinicians to abdicate from that decision come into being in the context of human rights? Is there a conscience clause in other countries? Is there an obligation on a clinician, if legislation is in place that obliges him or her to deal with it, or is there an entitlement through a conscientious objection to withdraw from the process in the context of human rights?