Thursday 14 March 2013

CHOICES… The Good, the bad and the ugly…… By Sean Dunne



“Choice consists of the mental process of judging the merits of multiple options.”

WE all make choices, some good and some bad. We choose to do things that are right and wrong. The choices we, as individuals make are those we must live with, and bear the consequences.

The ending of a life is one such choice, people often times must choose, so what are the choices Irish citizens have?

The right to end one’s own life was decriminalised in Ireland in 1993. Before the Suicide Act 1961, it was a crime to commit suicide and anyone who attempted and failed could be prosecuted and imprisoned. In part, that reflected religious and moral objections to suicide as self-murder.

In 2013, a former lecturer took a high court case challenging the right to assisted suicide in Ireland. The submission was made by counsel for Wicklow woman Marie Fleming, 58, who was taking a landmark case to establish a right to end her life with assistance.

The Supreme Court was been told there is no constitutional right to suicide and that the ban on assisted suicide applies equally to everyone. Suicide was described by state lawyers as a severe social problem in Ireland.

They said “its decriminalisation [suicide] in 1993 doesn't mean there is now a constitutional right to take one's own life.” The case continues with a Supreme Court appeal.

This is where the choice to end one’s own life lies. Where does Ireland sit on the right to end a child’s life? Where do we stand on abortion we hear so much of Pro-Choice vs. Pro- Life? We have seen the images of the beautiful Savita Halappanavar played out across ever media outlet in Ireland in recent months.

Ms Halappanavar presented herself at Galway University hospital, in October 2012. She was 17 weeks pregnant and suffering from a miscarriage. Ms Halappanavar and her husband Praveen were told that the foetus was not viable, not their child but the foetus.

The Indian couple were told by doctors at Galway University hospital that they could not perform an abortion under Irish Law as the foetus heart was still beating. During the next several days, Halappanavar was diagnosed with septicaemias, which lead to multiple organ failure and her death.

Her death reignited a twenty year debate in Irish society and one which brought the younger and less afraid Irish women’s voices to this reigniting of a twenty year debate.

In 1983 The Constitution of Ireland was amended to add the Eight Amendment, which asserted that the unborn had an explicit right to life from the time of conception.

Speaking in NUI Galway last week Dr Nata Duvvury a Women’s right activist who lectures at the University, spoke of Ireland and the abortion debate in a different perspective, a development angle. 

It comes back to the simple word, ‘Choice’. An investigation has proven that if Savita Hallapannavar had been allowed the choice to have an abortion, her life may have been saved. She requested but was denied because of Irish law.

The infamous ‘X’ case was dragged back from the 1980’s and put into a 21st century context in recent months.

In the ‘X’case a young teenage Irish girl had been raped by a neighbour and became pregnant. X told her mother of suicidal thoughts because of the unwanted pregnancy, and as abortion was illegal in Ireland (in both Northern Ireland and the Republic), the family planned to travel to England for an abortion.

Before the abortion was carried out, the family asked the Garda Síochána if DNA from the aborted foetus would be admissible as evidence in the courts, as the neighbour was denying responsibility. Hearing that X planned to have an abortion, the Attorney General, Harry Whelehan, sought an injunction under Article 40.3.3 of the Constitution of Ireland preventing her from having the procedure carried out.


The ruling was later overturned by a Supreme Court ruling of four to one, but again the right of the mother to choose was almost denied in this case.

Once abortion becomes permissible in a country “any limits to its availability become eroded over time”, Irish Catholic bishops have claimed.

The issue was discussed at the general meeting of the Irish Catholic Bishops Conference, which ended on Wednesday March 6th at St Patrick’s College in Maynooth.

The bishops said in a statement they were “deeply concerned” about “any intention” to legislate for abortion in Ireland.

So is the choice to end’s one own life and for women to choose to have an abortion, still about Catholic Ireland and how Catholic Ireland governs the moral decisions of citizens?

For 20 years, the Centre for Reproductive Rights in America has used the law to advance reproductive freedom as a fundamental human right that all governments are legally obligated to protect, respect, and fulfil.

The American centre believes that re-productive freedom lies at the heart of the promise of human dignity, self- determination and equality embodied in both the U.S Constitution and The Universal Declaration of human rights.

Pro-Life abortion campaigners say life is the greatest human right. “It’s not a choice”. Is it just another human right?

If life is our right, then we should have the right to decide what is best for our body and our life.

Strolling through NUI Galway on a Thursday afternoon, the campus is alive with students campaigning to become the next governing body of The Students Union and others campaigning for a ‘No’ vote in the NUIG abortion referendum. 

It made me wonder, Why, Why do we campaign? Does anyone really care about abortion and student politics?

Then it hit my shoe, this leaflet had blown across the quad, but what was it? A leaflet that stated ‘ABORTION? VOTE NO?

It read “One ’CHOICE’ of abortion robs someone else of a lifetime of choices,” was one of the striking statistics staring back at me.  In a sea of words and legislation and even media coverage it’s hard to have an opinion. Yes there is the black and white version of everyone taking the moral high ground.

We are always going to have the situation of ‘could have’, ‘would have’ in Ireland. In the end, none of us know what it feels like to have to make that choice to end a pregnancy unless we are personally thrust into this agonising position.

From the male perspective this is a choice, none of us will ever have to make, while the child could be ours genetically it is foremost a woman’s choice to end a pregnancy or carry a pregnancy to term. No one has the right to tell a woman to give birth or to terminate her child. It truly comes back to “Our body, our choice” and this is why I am a pro-choice supporter.

The Irish Government announced this weekend that they intend to enact its abortion legislation by the end of July, according to information it has supplied to the Council of Europe.

In an update to the Strasbourg-based body, the Government said it planned to publish the Bill by April and enact the legislation by the end of July.

Despite the fact abortion has been legal in circumstances where there is a substantial risk to the life of the mother since a 1992 Supreme Court ruling, successive governments have failed to enact legislation to give full effect to the ruling.

Perhaps now, it is finally time to write the concluding chapter to the book and close the door on debate, once and for all. Is Ireland ready to move forward into a liberal pro-choice 21st century? 

Time will tell...

Pregnancy, whether it brings the joy of life or the dreaded anguish all mothers make choices. So before we get on our pedestals and moral high ground, just think for a moment; t could happen to your sister, girlfriend or best friend. Then what are the ‘Choices’?

Choices, we make them every single day, the good, the bad, and the ugly ones.



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