Oireachtas Joint and Select Committees

Wednesday, 8 November 2017

Joint Oireachtas Committee on the Eighth Amendment of the Constitution

Medical Law Review: Dr. Ruth Fletcher, Queen Mary University London

1:30 pm

Dr. Ruth Fletcher:

This is why I did not use the word "serious". We have a history of the term "real and substantial" operating as a barrier. To the same point, if one adds something such as "serious" into a ground like risk to health, that could potentially become an obstruction or barrier in respect of what counts as serious. The empirical research on pregnant people's reasons for abortion at later stages tells us that they have very serious reasons, by and large. We do not have an evidence base that would suggest a need for requiring that seriousness in statutory language. It is there already in the practice of abortion seeking. That is one reason we do not need it. The more negative reason is that it can operate as a restriction or barrier in some instances. If we want to move towards a policy and practice which is led by removal of barriers which might have an impact on the health and human rights of pregnant people we should avoid qualifying language such as "serious".