IRELAND-ABORTION-TBs-CCPR

Concluding Observations on Report 5 (2022) (Link)

Voluntary termination of pregnancy and sexual and reproductive rights

25. The Committee welcomes the enactment of the 36th Amendment to the Constitution Act 2018, repealing the 8th Amendment and leading to the State party’s adoption of the Health (Regulation of Termination of Pregnancy) Act 2018 permitting voluntary termination of pregnancy under specific conditions. The Committee regrets, however, the establishment of criminal liability introduced in Section 23 making it a criminal offence for any person to aid or abet abortion outside the specific terms of the Act. The Committee is concerned by provisions that subject women to a mandatory 3-day waiting period prior to termination of pregnancy, as well as by the challenges faced by women and girls to access safe and legal abortion due to alleged low percentage of general practitioners providing abortion services, disproportionately affecting women and girls in vulnerable situations and rural communities. It is also concerned by the restrictive specifications of Section 11 of the Act requiring the opinion of 2 medical professionals that the foetus is not likely to survive beyond 28 days following birth, leaving many women forced to continue with pregnancies with foetal abnormalities. Furthermore, the Committee is concerned by reports that women and girls continue to travel abroad to seek abortion services upon being denied or not being able to access abortion services in Ireland (arts. 2,3, 6 and 17).

26. The State party should:

(a) Consider taking the necessary steps to remove criminal sanctions to medical service providers who assist women and girls who undergo abortion;

(b) Review provisions that could create barriers to women seeking safe abortions, such as those prescribing mandatory waiting periods and those caused as a result of the exercise of conscientious objection by individual medical providers;

(c) Take the necessary steps to remove existing barriers and ensure women with foetal abnormality conditions have adequate access to abortion services;

(d) Implement the necessary measures to guarantee the universality and equal access to abortion services for all women and girls, especially for rural women, women living in poverty, women with disabilities, asylum seekers, victims of domestic violence, and women from ethnic or religious minorities;

(e) Strengthen efforts to prevent the stigmatization and trauma of women and girls who seek abortion, including through the provision of “safe access zones” in all concerned health services in a timely manner.

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Concluding Observations on Report 4 (2014) (Link)

Abortion

9. The Committee reiterates its previous concern regarding the highly restrictive circumstances under which women can lawfully have an abortion in the State party owing to article 40.3.3 of the Constitution and its strict interpretation by the State party. In particular, it is concerned at: (a) the criminalization of abortion under section 22 of the Protection of Life During Pregnancy Act 2013, including in cases of rape, incest, fatal foetal abnormality and serious risks to the health of the mother, which may lead to up to 14 years of imprisonment, except in cases that constitute a “real and substantive risk” to the life of a pregnant woman; (b) the lack of legal and procedural clarity concerning what constitutes “real and substantive risk” to the life, as opposed to the health, of the pregnant woman; (c) the requirement of excessive degree of scrutiny by medical professionals for pregnant and suicidal women leading to further mental distress; (d) the discriminatory impact of the Act on women who are unable to travel abroad to seek abortions; (e) the strict restrictions on the channels via which information on crisis pregnancy options may be provided to women and the imposition of criminal sanctions on health-care providers who refer women to abortion services outside the State party under the Regulation of Information (Services Outside the State For Termination of Pregnancies) Act, 1995; and (f) the severe mental suffering caused by the denial of abortion services to women seeking abortions due to rape, incest, fatal foetal abnormality or serious risks to health (arts. 2, 3, 6, 7, 17, 19 and 26).

The State party should:

(a) Revise its legislation on abortion, including its Constitution, to provide for additional exceptions in cases of rape, incest, serious risks to the health of the mother, or fatal foetal abnormality;

(b) Swiftly adopt a guidance document to clarify what constitutes a “real and substantive risk” to the life of the pregnant woman;

(c) Consider making more information on crisis pregnancy options available through a variety of channels, and ensure that health-care providers who supply information on safe abortion services abroad are not subject to criminal sanctions.

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Concluding Observations on Report 3 (2008) (Link)

13. The Committee reiterates its concern regarding the highly restrictive circumstances under which women can lawfully have an abortion in the State party. While noting the establishment of the Crisis Pregnancy Agency, the Committee regrets that the progress in this regard is slow. (arts. 2, 3, 6, 26)

The State party should bring its abortion laws into line with the Covenant. It should take measures to help women avoid unwanted pregnancies so that they do not have to resort to illegal or unsafe abortions that could put their lives at risk (article 6) or to abortions abroad (articles 26 and 6).

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Concluding Observations on Report 2 (2000) (Link)

444. The Committee is concerned that the circumstances in which women may lawfully obtain an abortion are restricted to when the life of the mother is in danger and do not include, for example, situations where the pregnancy is the result of rape.

445. The State party should ensure that women are not compelled to continue with pregnancies where that is incompatible with obligations arising under the Covenant (art. 7) and General Comment No. 28.

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Concluding Observations on Report 1 (1993) (Link)

15. With respect to freedom of expression and the right of access to information, the Committee notes with concern that the exercise of those rights is unduly restricted under present laws concerning censorship, blasphemy and information on abortion. The prohibition of interviews with certain groups outside the borders by the broadcast media infringes upon the freedom to receive and impart information under article 19, paragraph 2, of the Covenant. The Constitutional requirement that the President and judges must take a religious oath excludes some people from holding those offices.

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