Authors: Dr Catherine O’Sullivan, Faculty of Law University College Cork, Jennifer Schweppe, School of Law, University of Limerick and Dr Eimear Spain, School of Law, University of Limerick We hope that you have enjoyed the various posts in this special blog carnival on “Legislating for Article 40.3.3.” The authors of these posts, who are all…Continue reading Legislating for Article 40.3.3: Blog Carnival Conclusion
Tag: Legislating for Article 40.3.3
Legislating for Article 40.3.3: Murray on ‘Hysterical Women’
Author: Dr Claire Murray is a lecturer in law in the Faculty of Law, University College Cork. One of the most striking aspects of the recent debate on legislating for abortion is the persistent underlying narrative of the unreliable and hysterical woman. This narrative is particularly to the fore in the context of discussions on…Continue reading Legislating for Article 40.3.3: Murray on ‘Hysterical Women’
Legislating for Article 40.3.3: O’Dowd on A Matter of Substantial Doubt
Author: John O’Dowd, School of Law, University College Dublin Finlay CJ formulated the crux of the Supreme Court’s decision in Attorney General v X as follows: ‘[I]f it is established as a matter of probability that there is a real and substantial risk to the life, as distinct from the health, of the mother, which…Continue reading Legislating for Article 40.3.3: O’Dowd on A Matter of Substantial Doubt
Legislating for Article 40.3.3: Schweppe and Spain on Article 40.3.3 and the capacity to survive outside the womb
Authors: Jennifer Schweppe and Dr Eimear Spain, Lecturers in Law, University of Limerick In recent months the issue of the availability of terminations for women carrying foetuses which are “incompatible with life” or suffering from “lethal foetal abnormalities” has dominated the media. However, the issue has received little academic attention. From a legal perspective the…Continue reading Legislating for Article 40.3.3: Schweppe and Spain on Article 40.3.3 and the capacity to survive outside the womb
Legislating for Article 40.3.3: Mills and Glackin on the Doctrine of Double Effect
Authors: Dr Simon Mills, Barrister and Dr Shane Glackin, Lecturer in Philosophy, University of Exeter Responding to the Government’s decision to legislate for the X case, the four Irish Catholic Archbishops stated: If what is being proposed were to become law, the careful balance between the equal right to life of a mother and her…Continue reading Legislating for Article 40.3.3: Mills and Glackin on the Doctrine of Double Effect
Legislating for Article 40.3.3: Brady on Legislating for Suicide
Author: Paul Brady, Barrister Why should we legislate for abortion on grounds of risk of death by suicide? In reviewing the various answers given to this question in recent months, I have been struck by the tendency among commentators to frame the justification of legislation in terms of various generic procedural claims. There is little…Continue reading Legislating for Article 40.3.3: Brady on Legislating for Suicide
Legislating for Article 40.3.3: Thornton on The Right to Travel, Reproductive Rights and Asylum Seekers
Author: Dr Liam Thornton, School of Law, University College Dublin I. The Right to Travel The thirteenth amendment to the constitution recognised that the right to life of the unborn, did not affect the right of individuals to travel, hence women and girls in Ireland may travel to access abortion services in other states. When…Continue reading Legislating for Article 40.3.3: Thornton on The Right to Travel, Reproductive Rights and Asylum Seekers
Legislating for Article 40.3.3: Bacik on Fatal Foetal Abnormalities
Author: Professor Ivana Bacik, School of Law, Trinity College Dublin Last week the Oireachtas Committee on Health held a series of hearings on abortion, following a Government decision taken in December to introduce legislation and regulation to implement the X case test. In the course of the hearings, there was significant discussion of the issue…Continue reading Legislating for Article 40.3.3: Bacik on Fatal Foetal Abnormalities
Legislating for Article 40.3.3: Cahill on Equality of Life
Author: Dr Maria Cahill, Faculty of Law, University College Cork The Wisdom of Dissent in the X Case Freedom of expression is not properly protected if we only allow those we agree with to speak; rights of the accused are not properly protected if we only accord them to those whom we know are innocent,…Continue reading Legislating for Article 40.3.3: Cahill on Equality of Life
Legislating for Article 40.3.3: Staunton on The Status of the Embryo
Author: Ciara Staunton, School of Law, National University of Ireland, Galway What about our embryos in vitro? As the Health Committee begins the task of making its recommendations on lawful abortion, the time is perhaps right for a decision on the status of embryos in Irish law. While the Supreme Court has stated that the…Continue reading Legislating for Article 40.3.3: Staunton on The Status of the Embryo
Legislating for Article 40.3.3: The Second Part
Authors: Dr Catherine O’ Sullivan, Jennifer Schweppe and Dr Eimear Spain Thanks to everyone for reading the blog postings so far. Having completed Part 1 of the Blog Carnival, we are now moving on to Part 2, which examines specific issues which authors feel should be addressed prior to legislating.
Legislating for Article 40.3.3: Daly on the Role of the Medical Profession
Author: Dr Brenda Daly, School of Law and Government, Dublin City University Assessing the options for legislating under Article 40.3.3: the role of the medical profession The public hearings before the Joint Committee on Health and Children on “the Implementation of the Government Decision following the publication of the Expert Group Report into matters relating…Continue reading Legislating for Article 40.3.3: Daly on the Role of the Medical Profession