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

Ms Leah Hoctor:

The important point of which to be aware is that under international human rights law, including the conventions mentioned by the Deputy and other treaties, the right these treaties contain and their provisions do not apply to pre-natal life. They do not apply before birth and only begin once a person is born. That is the starting point for international human rights law. It is very clear from the jurisprudence of all of the adjudicative bodies that oversee implementation of the treaties that they are of the view that women's human rights are violated or undermined when they are not able to access abortion care safely and legally. That is the legal approach to human rights in this matter.

I will also address the Deputy's original point about abortion to save the life of a woman. It is very important to understand almost all abortions - perhaps 90% or more - in European countries occur in the first trimester of pregnancy. That is a critical fact to keep in mind. There may be cases later in pregnancy in which women face difficult situations and may need to access abortion care and it is very important that they can do so legally. In Europe the vast majority of abortions take place within the first trimester.