Referendum to abolish the abortion ban in Ireland in 2018

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In the referendum to abolish the abortion ban in Ireland in 2018 , the Irish people voted on May 25, 2018 on the amendment of the eighth Amendment to the Constitution of the Republic of Ireland . So far, this has stipulated that the fetus has the same right to life as the mother and thus prohibited abortions in almost all cases, unless the mother's life would be endangered by the pregnancy. With a turnout of 64.13 percent, 66.40 percent of the voters approved the proposed constitutional amendment. This made it the Irish Parliament allows abortions to legalize. On December 13, 2018, parliament approved a bill that allows abortions up to the twelfth week of pregnancy and beyond for certain medical reasons.

prehistory

Ireland had one of the strictest abortion laws in Europe. Abortion was punishable even after rape , incest, or a sick fetus . As a result, thousands of women flew to neighboring Britain each year to have an abortion. This strict legislation was due to the British Parliament's Offenses Against the Person Act in 1861 , which provided for life imprisonment for abortions and which continued in effect after Ireland became independent. In 1983, the ban on abortion was confirmed again in a referendum on the 8th Amendment to the Constitution and the fetus was granted the same right to life as the mother, so that abortions are only permitted if the life of the pregnant woman is in danger. In two further referendums in 1992, the 13th and 14th amendments to the constitution explicitly guaranteed pregnant women the right to go abroad and to obtain information or procedures there within the framework of the legal provisions applicable there. Ultimately, with these claused amendments to the constitution, pregnant women were guaranteed the possibility of legal abortion abroad, which radical opponents of abortion had wanted to criminalize. The law of 1861 was only abolished in 2013 after a court ruling and replaced by the Protection of Life During Pregnancy Act , which allowed women in Ireland to have abortions if they had suicidality , which must be certified by an expert opinion.

In 2012, 31-year-old Savita Halappanavar died as a result of a late abortion that resulted in blood poisoning and death a week later. Halappanavar suffered from health problems and her doctors judged that the fetus was not viable and that it was an incipient miscarriage . However, she was denied the abortion because the fetus's heartbeat could still be heard. This fueled the public debate on Irish abortion law.

In 2016, the UN Human Rights Council called the fact that Irish women who knew their unborn child would not survive are forced to seek abortion overseas "cruel, inhumane and degrading".

In September 2017, the Irish government announced that it would hold a referendum in 2018. In January 2018, the Irish cabinet set May as the date for the referendum. Prime Minister Leo Varadkar supported the call for a more liberal abortion law, as the previous one was too restrictive in his opinion.

Proposed amendment to the constitutional amendment

The provisions of the 8th Amendment to the Irish Constitution (Article 40.3.3º) have been as follows:

The state recognizes the right of the unborn to live, with due regard for the mother's life, and it guarantees in its laws that this right will be respected and, as far as practicable, be defended and protected.

This sub-paragraph may not restrict freedom of movement between this state and another.

This section must not restrict the freedom in this state, in accordance with the legal provisions, to obtain or make available information relating to services that are legally available in another state.

The proposed change to be voted on was as follows:

Provisions on termination of pregnancy can be regulated by law.

Proposed legislation

The Irish Ministry of Health published a paper on March 9, 2018 on a possible legal regulation on abortion. The bill, which is not the direct subject of the referendum, stipulated that abortions could be performed up to the twelfth week of pregnancy without giving any reason. In addition, abortions would be permitted in the event of a health hazard to the mother, medical emergencies or serious health damage to the fetus that would result in miscarriage or death shortly after birth. The latter required a medical evaluation by two doctors.

Attitudes of the parties represented in parliament

Posters in Dublin
Posters in Dublin

The following parties represented in Parliament supported an amendment to the eighth Amendment:

None of the parties represented in parliament explicitly rejected an amendment to the eighth supplementary article.

The following parties represented in parliament did not recommend voting:

Opinion polls

date
Survey institute Number of respondents Yes No Unent. A. head Start
May 16, 2018 Red C / Sunday Business Post 1,015 56% 27% 17% 29% p C
15th May 2018 Ipsos MRBI / Irish Times 1,200 44% 32% 17% 12% p
15th May 2018 Behavior & Attitudes / The Sunday Times 935 52% 24% 19% 28% p
April 30, 2018 Millward Brown / Sunday Independent 1.003 45% 34% 18% 11% p
April 25, 2018 Red C / Sunday Business Post 1,000 53% 26% 19% 27% p
17th April 2018 Behavior & Attitudes / The Sunday Times 928 47% 29% 21% 18% p
17th April 2018 Ipsos MRBI / Irish Times 1,200 47% 28% 20% 19% p
March 22, 2018 Red C / Sunday Business Post 1,000 56% 26% 18% 30% p
March 13, 2018 Behavior & Attitudes / The Sunday Times 900 49% 27% 20% 22% p
13th Feb 2018 Behavior & Attitudes / The Sunday Times 926 49% 30% 21% 19% p
25th Jan 2018 Red C / Sunday Business Post 1.003 60% 20% 20% 40% p
25th Jan 2018 Ipsos MRBI / Irish Times k. A. B 56% 29% 15% 27% p
5th Dec 2017 Ipsos MRBI / Irish Times 1,200 62% 26% 13% 36% p

Notes: A undecided, B number of respondents not stated, C percentage points

Results

Results in the individual constituencies

Results card (percent yes votes)
choice be right %
Yes Yes 1,429,981 66.40
No 723.632 33.60
Valid votes 2,153,613 99.72
Invalid votes 6,042 0.28
Votes cast 2,159,655 64.13
Eligible voters 3,367,556 100
Results of the referendum by constituency
Constituency Eligible
voters
Voters Wahlbe-
pation
Invalid
votes
Valid
votes
Yes
votes
No
votes
%
Yes
%
No.
Carlow-Kilkenny 112,704 69,860 61.99 231 69,629 44.211 25,418 63.50 36.50
Cavan-Monaghan 091,602 58,067 63.39 163 57.904 32,115 25,789 55.46 44.54
Clare 083,225 53,576 64.37 169 53,407 34,328 19,079 64.28 35.72
Cork East 085,643 54,639 63.80 148 54,491 34,941 19,550 64.12 35.88
Cork North-Central 084,412 52,713 62.45 166 52,547 33,639 18,908 64.02 35.98
Cork North-West 068,830 45,379 65.93 131 45,248 27.194 18,054 60.10 39.90
Cork South-Central 087,524 58,407 66.73 198 58.209 40,071 18,138 68.84 31.16
Cork South-West 060,356 40,648 67.35 114 40,534 26,147 14,387 64.51 35.49
Donegal 118.901 67,839 57.06 189 67,650 32,559 35.091 48.13 51.87
Dublin Bay North 108.209 77,481 71.60 154 77,327 57,754 19,573 74.69 25.31
Dublin Bay South 078,892 43,343 54.94 126 43,217 33,919 09,298 78.49 21.51
Dublin Central 048.002 24,732 51.52 79 24,653 18,863 05,790 76.51 23.49
Dublin Fingal 095,926 67,519 70.39 156 67,363 51,840 15,523 76.96 23.04
Dublin Mid-West 071,558 48.157 67.30 127 48.030 35.192 12,838 73.27 26.73
Dublin North West 062,270 39,079 62.76 113 38,966 28,477 10,489 73.08 26.92
Dublin Rathdown 064,887 45,491 70.11 117 45,374 34,529 10,845 76.10 23.90
Dublin South-Central 076,914 45,843 59.60 112 45,731 34,201 11,530 74.79 25.21
Dublin South West 106,588 73.096 68.58 153 72,943 54,642 18.301 74.91 25.09
Dublin West 067,138 45.502 67.77 113 45,389 33,595 11,794 74.02 25.98
Dun Laoghaire 095,372 65,348 68.52 152 65,196 50,243 14,953 77.06 22.94
Galway East 069,631 44.192 63.47 121 44,071 26,525 17,546 60.19 39.81
Galway West 107,726 64,529 59.90 201 64,328 42,422 21,906 65.95 34.05
Kerry 111.108 69,345 62.41 209 69,136 40,285 28,851 58.27 41.73
Kildare North 085,587 54,571 63.76 114 54,457 40,058 14,399 73.56 26.44
Kildare South 063,190 38,758 61.34 112 38,646 27.307 11,339 70.66 29.34
Laois 063,860 39,602 62.01 106 39,496 24,232 15,264 61.35 38.65
Limerick City 077,836 48.263 62.01 153 48.110 32,169 15,941 66.87 33.13
Limerick County 067,592 42.214 62.45 122 42.092 24,448 17,644 58.08 41.92
Longford-Westmeath 089,665 53,172 59.30 183 52,989 30,876 22,113 58.27 41.73
Louth 106.184 69,968 65.89 206 69,762 46,429 23,333 66.55 33.45
Mayo 091,377 56,735 62.09 161 56,574 32,287 24,287 57.07 42.93
Meath East 067,755 44,456 65.61 118 44,338 30,686 13,652 69.21 30.79
Meath West 065,651 41,319 62.94 126 41,193 26,343 14,850 63.95 36.05
Offaly 066,120 42,788 64.71 099 42,689 24,781 17,908 58.05 41.95
Roscommon-Galway 063.158 41,497 65.70 111 41,386 23,677 17,709 57.21 42.79
Sligo-Leitrim 095,954 58,604 61.08 189 58,415 34,685 23,730 59.38 40.62
Tipperary 113,546 72,485 63.84 238 72,247 42,731 29,516 59.15 40.85
Waterford 083.107 53,435 64.30 123 53,312 37.016 16,296 69.43 30.57
Wexford 110.494 73.220 66.27 216 73.004 49,935 23,069 68.40 31.60
Wicklow 099,062 73,783 74.48 223 73,560 54,629 18,931 74.26 25.74
total 3,367,556 2,159,655 64.13 6,042 2,153,613 1,429,981 723.632 66.40 33.60

implementation

Following the success of the referendum , on December 13, 2018, the Irish Parliament approved a bill that would allow legal abortions up to the twelfth week of pregnancy and later for certain medical reasons.

Individual evidence

  1. ^ Volksstimme Magdeburg: Irish people vote on abortion. Retrieved May 24, 2018 .
  2. Neue Zürcher Zeitung : Irish Parliament legalizes abortions , December 14, 2018.
  3. Before the referendum - Irish decide on the right to abortion . In: Deutschlandfunk . ( deutschlandfunk.de [accessed on May 24, 2018]).
  4. Referendum results 1037 - 2015. (pdf) Department of the Environment, Community and local Government, August 23, 2016, accessed on May 25, 2018 .
  5. ^ Ralf Sotscheck: Abortion ban in Ireland: Faith saved, patient dead . In: The daily newspaper: taz . November 15, 2012, ISSN  0931-9085 ( taz.de [accessed on May 24, 2018]).
  6. Ireland abortion ban subjected woman to suffering and discrimination - UN experts. UNHRC, July 9, 2016, accessed May 26, 2018 .
  7. Dublin: Ireland holds referendum on abortion. ZEIT ONLINE, accessed on May 24, 2018 .
  8. ^ Constitutions of Ireland. Verassungen.eu, accessed on May 27, 2018 (in the original English text:
    The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.
    This subsection shall not limit freedom to travel between the State and another state.
    This subsection shall not limit freedom to obtain or make available, in the State, subject to such conditions as may be laid down by law, information relating to services lawfully available in another state. ).
  9. Thirty-sixth Amendment of the Constitution Bill 2018. Oireachtas , accessed on May 25, 2018 (English, original text: Provision may be made by law for the regulation of termination of pregnancy. ).
  10. Ireland votes on progressive abortion law in May. Radio Dreyeckland , accessed on May 25, 2018 .
  11. ^ Policy Paper on Regulation of Termination of Pregnancy. Ministry of Health of Ireland, accessed May 25, 2018 .
  12. Referendum in Ireland: End of "Abortion Tourism"? In: The press . ( diepresse.com [accessed on May 24, 2018]). "
  13. Sinn Fein: No freedom of conscience when voting on abortion . ( kath.net [accessed on May 24, 2018]).
  14. Referendum in Ireland: End of "Abortion Tourism"? In: The press . ( diepresse.com [accessed on May 24, 2018]). "
  15. Ben Kelly: Ireland abortion referendum: Repeal the eighth campaign maintains lead as Irish are urged to come 'Home To Vote' . April 29, 2018. 
  16. General Election Opinion Poll - January 2018 - Red C . February 5, 2018. Archived from the original on February 5, 2018.
  17. Referendum on the Thirty-sixth Amendment of the Constitution Bill 2018. referendum.ie, accessed on May 26, 2018 .
  18. Neue Zürcher Zeitung : Irish Parliament legalizes abortions , December 14, 2018.