Press Pack
The Coalition to Repeal the
Eighth Amendment
Respect and protect women’s
lives, health and choices
website: www.repealeight.ie
email: [email protected]
WHO WE ARE
The Coalition to Repeal the Eighth Amendment is a growing alliance of over 60 organisations
including human rights, feminist and pro-choice organisations, trade unions, health organisations,
NGOs, community organisations and many others. Our members agree that the Eighth Amendment
to the Constitution must be repealed in order to re spect and protect the lives, health and choices of
women in Ireland. We are working together under the Coalition banner to raise awareness of the
urgent need for a referendum to repeal the Eighth Amendment from the Constitution.
Coalition Members & Supporters



Abortion Rights Campaign (ARC)
Action for Choice
AIMS Ireland (Association for
Improvements in Maternity Services Ireland)
 Akidwa,
 Amnesty Ireland
 Anti-Austerity Alliance
 Anti-Racism Network
 ASLEF the Union
 Atheist Ireland
 BeLongTo
 Bray and District Trade Councils
 Choice Ireland
 Community Workers Coop
 Cork Women’s Right to Choose
 CWU (Communications Workers Union)
 Doctors for Choice
 Dun Laoghaire Repeal the 8th
 Galway Pro-Choice Group
 Humanist Association Ireland
 HUN Real Issues
 ICCL (Irish Council for Civil Liberties)
 ICTU (Irish Congress of Trades Unions)
 ICTU Youth
 IMPACT Trade Union
 Kerry for Choice
 Labour Women
 Lawyers for Choice
 Limerick Feminist Network
 LINC (Advocating for Lesbian &
Bisexual Women)
 Mandate Trade Union
 Medical Students for Choice




Midwives for Choice
National Traveller Women’s Forum
Need Abortion Ireland
NWCI (National Women’s Council of
Ireland)
 Northern Ireland Alliance for Choice
 One Family
 Parents for Choice
 People before Profit Alliance
 Rape Crisis Network Ireland
 Re(al)Productive Health
 Repeal Project
 ROSA (Reproductive Rights Against
Oppression, Sexism & Austerity)
 School of Social Justice UCD
 Sligo Repeal the Eighth
 Socialist Party
 Socialist Workers Party
 SWAI (Sex Workers Alliance Ireland)
 TCD Students Union
 TENI (Transgender Equality Network
Ireland)
 TFMR Ireland (Terminations for Medical
Reasons Ireland)
 The Workers’ Party Ireland
 Trade Union Campaign to Repeal the 8th
 TUC (UK)
 UL Medical Students for Choice
 UNITE the Union
 United Left Alliance
 USI (Union of Students in Ireland)
 Waterford Trade Council
 X-ile Project
OUR PEOPLE
Ailbhe Smyth, (Convenor of the Coalition to Repeal the Eighth Amendment)
Ailbhe is a feminist campaigner and former academic. She was the founding director of the
Women’s Education, Research and Resource Centre (WERRC) and was head of Women’s Studies at
UCD (University College Dublin) from 1990 until 2006. She has published widely on feminism,
equality, politics and culture in contemporary Ireland.
Ailbhe has served on numerous State boards including the Higher Education Authority and as a
Trustee of the National Library. She is an independent strategic consultant and is active in social
movement politics. She is Convenor of Feminist Open Forum, a board member of ERA (Equality
and Rights Alliance), an organiser for Action for Choice, and is the former Chair of the National
Lesbian and Gay Federation. She has campaigned prominently on many Constitutional issues.
A founding board member of Marriage Equality, she was an Executive member of the successful Yes
Equality referendum campaign to achieve equal marriage rights for LGBT people in Ireland. In 2015
she was honoured with the first ever ‘Lifetime Achievement’ award at the annual GALAS (LGBT
awards) in Ireland. Ailbhe co-founded the Coalition to Repeal the Eighth Amendment in 2013.
Sinéad Kennedy, (Secretary of the Coalition to Repeal the Eighth Amendment)
Sinéad Kennedy teaches in the School of English, Theatre and Media Studies at Maynooth
University where she is a Senior University Tutor. Her research interests focus on critical theory, in
particular the control and regulation of the female body by the neoliberal state. She has published
widely on the politics of abortion in Ireland and internationally and has recently coedited The Abortion Papers Ireland: Volume 2 (2015). She is currently completing a book on
feminist political theory under neoliberalism.
Sinéad has been involved in feminism and pro-choice activism for almost 20 years and was a
spokesperson for the Alliance for a No vote during the 2002 abortion referendum. More recently she
was a founder member of Action on X and currently works with Act ion for Choice to campaign for
access to free, safe and legal abortion in Ireland, North and South. She is a co-founder of the
Coalition to Repeal the Eighth Amendment.
Sandra Lewis, (Coordinator of the Coalition to Repeal the Eighth Amendment)
Sandra is the coordinator with the Coalition to Repeal the Eighth Amendment having previously
worked as a Parliamentary Assistant in Dáil Éireann for both Government and opposition TDs. She
played a leading role in the campaign for the establishment of a state-funded remediation scheme for
pyrite-affected homes and secured an LPT exemption for homeowners whose homes were affected
by pyrite.
Sandra is graduate of Dublin City University and has an MA in Public Affairs and Political
Communication from the Dublin Institute of Technology. She also has considerable work
experience through several personal assistant and administrative roles and has a keen interest in
politics, social justice and political reform.
FACT SHEET
Abortion in Ireland

Abortion is banned except where a woman’s life is in immediate danger.

Abortion is not permitted even where a woman’s health is adversely affected.

Ireland’s abortion law criminalises women, young girls and medics. A woman who procures an illegal
abortion could face up to 14 years in prison and a medic who helps her could face a €4,000 fine.

Even in cases of rape or incest and abortion is not permitted.

Where fatal foetal abnormalities are detected, women are forced to continue their pregnancy to full-term
even though the foetus has no chance of survival.

Ireland has a discriminatory health system where a pregnant woman only has a qualified right to health
care.

International human rights organisations, have repeatedly taken the state to task for its draconian abortion
regime, observing that it violates women’s right to bodily integrity and self-determination.

As this map illustrates,
Ireland has one of the
most restrictive abortion
regimes globally, in
stark contrast to the rest
of the developed world.

In the European
context, only Malta and
Andorra have a
similarly restrictive
abortion regime.

However, this does not
mean that Irish women
do not have abortions.
Center for Reproductive Rights http://worldabortionlaws.com/

Approximately 3,600 women in Ireland travel each year to Britain to have an abortion. This figure
does not include women who travel to other jurisdictions or those who order abortion pills online and
have medical abortions at home.

We can only guess at the number of abortion pills that women in Ireland are ordering online illegally.
Over 1,000 abortion pills were seized by customs in Ireland in 2014. In June 2016 Gardai and customs
seized 78 abortion pills in just one week. This is indicative of the demand for medical abortion.
BACKGROUNDER
What is the Eighth Amendment?
Article 40.3.3, known as the Eighth Amendment, was voted into the Irish Constitution by referendum in 1983.
The amendment states: ‘The states 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.’ The amendment equates the life of a pregnant woman with that of an embryo
or foetus and has created an unworkable distinction between a pregnant woman’s life and her health.
Why should the Eighth Amendment be repealed?
The presence of the Eighth Amendment in the Irish Constitution is a source of discrimination against all
women living in Ireland. It creates a discriminatory health system where a pregnant woman only has a
qualified right to health care. International human rights organisations have repeatedly taken the state to task
for its draconian abortion regime, observing that it violates women’s right to bodily integrity and selfdetermination.
Historical Overview
1861
The Offences Against the Person Act 1861 is passed. This Act criminalises women who "procure
a miscarriage". The Act also makes it a crime to assist a woman to "procure a miscarriage". These criminal
laws remain on the Irish Statute books and are interpreted to criminalise abortion in all circumstances.
Subsequent amendments to the Constitution and court cases have interpreted further the dimensions of
abortion. However, the 1861 Act remains the basis of criminal law on abortion in Ireland.
1983 Referendum on the Eighth Amendment of the Constitution (Article 40.3.3) is passed after a bitterly
contested campaign. 53.67% of the electorate voted with 841,233 votes in favour and 416,136 against.
Article 40.3.3 of the Constitution is inserted to read: "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."
Sheila Hodgers, who was pregnant and suffering from breast cancer, dies in Our Lady of Lourdes Hospital
in Drogheda two days after delivering her pregnancy two months prematurely. Her baby dies almost
immediately after birth. Sheila Hodgers' cancer treatment had been stopped by the hospital, which claimed
it would harm the pregnancy. She had also been denied an x-ray and pain relief.
1991
Upon the request of the Irish High Court in relation to the 1989 case to prevent student groups
distributing information on abortion services in the UK, the European Court of Justice rules in SPUC v
Grogan that abortion could constitute a service under the Treaty of Rome (Treaty of the European
Economic Community) and therefore a Member State could not prohibit the distribution of information by
agencies having a commercial relationship with foreign abortion clinics.
1992
The Supreme Court rules in Attorney General v X that a 14 year old girl, known as X, pregnant as
a result of rape, faces a real and substantial risk to her life due to threat of suicide and this threat can only
be averted by the termination of her pregnancy. Therefore, X is entitled to an abortion in Ireland under the
provision of Article 40.3.3 of the Constitution that requires the State to have "due regard to the equal right
to life of the mother".
1992
As a result of the X case judgment and the issues relating to travelling and information on
abortion, the Government puts forward three possible amendments to the Constitution in a referendum.
The three amendments include:
•
•
•
The freedom to travel outside the State for an abortion. Passed
The freedom to obtain or make available information on abortion services outside the State,
subject to conditions. Passed
To roll back the X Case judgment in order to remove suicide as a grounds for abortion in Ireland.
Rejected
2002
Irish voters reject the Twenty-fifth Amendment of the Constitution (Protection of Human Life in
Pregnancy) Bill, 2002 which would remove the threat of suicide as a ground for abortion and increase the
penalties for helping a woman have an abortion. Voter turnout is 42.89% of total electorate. 50.42% vote
against. 49.58% vote in favour.
2007
A 17-year- old known as Miss D, who is in the care of the State, discovers she has an
anencephalic pregnancy and wishes to terminate the pregnancy. Miss D refuses to say she is suicidal and
goes to the High Court to force the HSE to allow her to travel to obtain an abortion. In the High Court,
Mr Justice McKechnie rules that she has a right to travel.
2013
The Protection of Life During Pregnancy Act is signed into law. The Act is intended to
implement the 1992 judgment of the Supreme Court in the X case and the 2010 ECtHR in the case of A,
B and C v Ireland and provide for lawful access to abortion where a pregnant woman’s life is at risk. 25
public hospitals are listed as appropriate institutions where a termination can be carried out.
2010
In the case of A, B and C v Ireland, the Grand Chamber of the European Court of Human Rights
unanimously rules that Ireland's failure to implement the existing constitutional right to a lawful abortion
when a woman's life is at risk violates Applicant C's rights under Article 8 of the European Convention
on Human Rights.
2013
The Protection of Life During Pregnancy Act is signed into law.
2014 In July 2014: During the fourth periodic review of the State under the International Covenant on
Civil and Political Rights (ICCPR), the UN Human Rights Committee criticises Ireland's abortion laws
and urged legislative and constitutional change to bring t hese laws in line with human rights standards.
The State admitted that only those women and girls with resources can exercise their right to travel to
another country for an abortion. In his concluding remarks Committee Chair and former UN Special
Rapporteur on Torture Nigel Rodley states that “recognition of the primary right to life of the woman,
who is an existing human being, has to prevail over that of the unborn child” and expressed disbelief in a
system where “priority would be given to the latter rather than the former.” The Committee Chair also
describes women in Ireland pregnant as a result of rape and denied access to an abortion as being "treated
as vessels and nothing more”.
2015
In June 2015 during the third periodic review of the State under the International Covenant on
Economic, Social and Cultural Rights, the UN Committee on Economic, Social and Cultural Rights
(CESCR) criticises Ireland's restrictive abortion laws. The Committee repeatedly asks the State about
Article 40.3.3 (the Eighth Amendment) of the Constitution, including how the State can reconcile this
constitutional provision with women’s right to reproductive health and why it does not hold a referendum
for its repeal.
The UN Human Rights Committee finds that Ireland’s abortion laws violated claimant Amanda
Mellet’s right to freedom from cruel, inhuman or degrading treatment, as well as her right to
privacy. The ruling also finds that Ireland’s abortion laws constitute discrimination against women on
grounds of sex and denies them equal protection of the law. The ruling is the first time that, in response
to an individual complaint, an international human rights court or committee finds that the
criminalisation of abortion in itself results in human rights violations.
2016
The 8th Amendment & Public Opinion
What the Polls Reveal
July, 2016 – Ipsos MRBI Poll July 2016
67% of respondents
favour repealing the
Eighth Amendment
Breakdown by Party Support

Independents & smaller parties – 79% of these voters support repeal of the Eighth Amendment

Labour – 73% of Labour voters support repeal of the Eighth Amendment

Sinn Féin – 72% of Sinn Féin voters support repeal of the Eighth Amendment

Fine Gael – 66% of Fine Gael voters support repeal of the Eighth Amendment

Fianna Fáil – 63% of Fianna Fáil voters support repeal of the Eighth Amendment
Source: Irish Times 8th July, 2016 – Full details here
March, 2016 – Amnesty Red C Poll February 2016
87% of respondents favour
expanding abortion access in
Ireland

42% are in favour of allowing abortion in Ireland under the following circumstances - where there is
a risk to the woman’s life, a diagnosis of a fatal foetal abnormality, when the pregnancy is a result of
rape or incest, or where the woman’s health is at risk. These are also the minimum human rights
standards for abortion access.

38% are in favour of allowing women to access abortion as they choose.

7% are in favour of allowing abortion in Ireland only where the woman’s life is at risk or where there
is a fatal foetal abnormality.

7% are in favour of the current legal position.

Only 5% of people are opposed to abortion in all circumstances.
73% of people think the government should hold a referendum to allow the people to vote on whether or not
to remove the 8th Amendment.
Full details available here and also via the RedC website
February, 2016 – RTE General Election Exit Poll 26th Feb. ‘16
The results of RTE’s exit poll showed
75% of voters polled indicating support
for wider access to abortion services
and just 20% held a more conservative
view.
Full details available here
Irish Times / Ipsos MRBI Poll – 23rd Feb. ‘16
Source Irish Times 23rd Feb. 2015 - Full details of the poll can be found here
January, 2016 - Newstalk RedCPoll
Public Support for Legalising Abortion
Rape/Incest – 78%
Fatal Foetal Abnormalities – 76%
Significant Foetal Disability (Non FFA) – 61%
Suicide – 59%
Any circumstances decided by Mother – 41%
Full details available here
November 2015 - Sunday Independent / Millward Brown
Support for a Referendum
22%
Unsure
56%
22%
Oppose
In Favou r of a Referendum
in
Favour
Oppose a Referendum
Unsure
RTE/BBC NI Cross Border Poll for Prime Time Special & Nolan Live – Nov. ‘15
- Over 80% felt that there
should be some access to
abortion.
- Only 14% felt abortion
should not be available under
any circumstances.
Full details of the poll available here
September 2015 - Irish Examiner / ICMSA National Opinion Poll
64% of Farmers support
Repealing the
Full details available here
8th Amendment
July 2015 - Red C Poll commissioned by Amnesty International Ireland
81% Favour
67% Believe
45% Favour
7% Oppose
Widening the
Grounds for Abortion
Abortion should be
Decriminalised
Access to Abortion as
Women Choose
Abortion in all
Circumstances
Headline Figures
Full details of the poll can be found here
June 2015 - Sunday Times Behaviour & Attitudes Poll
76%
Support Abortion
in Cases of
Fatal Foetal
Anomoly
Question
Would you be in favour or
opposed to the introduction of
abortion in Ireland in
circumstances where a fatal
foetal abnormality means the
baby cannot survive?
Full details of the poll can be found here
Question
70%
Support Abortion
in Cases of
Rape or Incest
Would you be in favour
of or opposed to the
introduction of abortion
in Ireland in
circumstances where
the pregnancy results
from rape or incest?
April 2015
Sunday Independent / Millward Brown - National Opinion Poll
Question
Are you personally in favour, or
against, holding a referendum to
repeal the 8th amendment to the
Constitution, which currently gives
equal right to life to the mother and
the foetus?
Full details of the poll can be
found here
October 2014
IrishTimes / Ipsos MRBI Poll
68% In favour of a referendum
Question
Should a referendum be held on whether or not to permit abortion in
cases of rape or where the foetus will not be born alive?
to be held on whether or not to
allow abortion in cases of rape and
fatal foetal anomaly
Source Irish Times 13th October 2014 - Full details of the poll can be found here
September 2014
Sunday Independent / Millward Brown - National Opinion Poll
56%
69%
68%
In Favour of Holding a
Referendum to Repeal
the 8th Amendment
Believe Abortion
Should be Allowed in
Cases of Rape
In Favour of Abortion
where there is a Threat to
the Long-Term Health of
the Woman
Questions
- Are you personally in favour, or against, holding a referendum to repeal the 8th amendment to the Constitution, which
currently gives equal right to life to the mother and the foetus?
- Under which of the following circumstances, if any, do you feel that abortion is acceptable in Ireland?
Full details of the poll can be found here