IRELAND-ABORTION-TBs-CEDAW

Concluding Observations on Report 8 (2025) (Link)

4. The Committee welcomes the progress achieved since the consideration in 2017 of the State Party’s combined sixth and seventh periodic reports (CEDAW/C/IRL/6-7) in undertaking legislative reforms, in particular the adoption of the following:

…(g) Health (Regulation of Termination of Pregnancy) Act 2018, legalizing abortion.

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Gender stereotypes and harmful practices

25. The Committee welcomes the inclusion of gender equality in the National Strategy for Women and Girls, the renewed National Council for Curriculum and Assessment specification for relationships and sexuality education, and media initiatives to combat discriminatory online content. It notes that a new National Strategy for Women and Girls is currently under development. However, the Committee notes with concern:

…(f) Reported cases of forced sterilization, coercive abortion and non-consensual infertility treatment of women with disabilities and Roma women.

26. Recalling joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2019) on harmful practices, the Committee recommends that the State Party:

…(f) Establish a monitoring mechanism to prevent, detect and punish forced sterilization, coercive abortion and non-consensual infertility treatment in the State Party, with particular attention to women with disabilities and Roma women.

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Health

39. The Committee notes with appreciation legislative and public policy advances made in the field of women’s health, including regarding contraception and in vitro fertilization. However, the Committee notes with concern:

…(e) The lack of prior, free and informed consent for sexual and reproductive health interventions and treatments, such as interventions on intersex children, forced sterilization, coercive abortion and non-consensual infertility treatments;…

40. The Committee recommends that the State Party:

…(f) Strengthen and consistently apply protocols that guarantee free, prior and informed consent for medical interventions in the area of sexual and reproductive health, including interventions on intersex children, forced sterilization, coercive abortion and non-consensual infertility treatments;…

41. The Committee notes with appreciation the adoption of the Health (Regulation of Termination of Pregnancy) Act 2018, by which abortion during the first 12 weeks of pregnancy was legalized, and the Health (Termination of Pregnancy Services) (Safe Access Zones) Act 2024, by which any obstruction of a person’s access to abortion facilities was prohibited. However, the Committee notes with concern the failure to implement the recommendations of the 2023 independent review of the operation of the Health (Regulation of Termination of Pregnancy) Act 2018, the lack of available abortion services, the absence of available data, and stigma and conscientious objection among medical personnel.

42. The Committee recommends that the State Party:

(a) Urgently implement the recommendations of the 2023 independent review of the operation of the Health (Regulation of Termination of Pregnancy) Act 2018;

(b) Combat stigma and conscientious objection among medical personnel and ensure the provision of abortion services throughout the State Party;

(c) Provide women with access to high-quality abortion and post-abortion care in all public and private health facilities and adopt guidance on doctor-patient confidentiality in that area;

(d) Consider the possibility of fully decriminalizing abortion and abolishing the mandatory three-day waiting period.

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Women facing intersecting forms of discrimination

Women with disabilities

45. The Committee notes with concern the multiple and intersecting forms of discrimination faced by women with disabilities in the State Party, particularly in relation to sexual and reproductive health and rights, gender-based violence, violence in institutions and access to justice. The Committee also notes the discriminatory provisions that limit or prevent women with disabilities from exercising their right to marry and found a family and to care for and have custody of their children.

46. The Committee that recommends that the State Party:

…(d) Establish comprehensive reparations for women and girls with disabilities who are survivors of institutional abuse and harmful practices, such as forced sterilization and coercive abortion, that are consistent with international standards and serve to explicitly recognize moral and transgenerational harm.

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Concluding Observations on Report 6-7 (2017) (Link)

Constitutional and legislative framework

10. The Committee recalls its previous observation (A/60/38, part two, para. 382) and regrets that the existing discriminatory provision contained in article 41.2 of the Constitution, which perpetuates traditional stereotypical views of the social roles and responsibilities of women and men in the family and in society at large, has not been amended. The Committee is also concerned that:

(a) The interpretation of article 40.1 of the Constitution is focused on procedural rather than substantive equality; and

(b) Article 40.3.3 of the Constitution (also known as the Eighth Amendment), which protects the right to life of the unborn and therefore unduly restricts access to abortion, has not been amended.

11. The Committee urges the State party to, within a specific time frame:

(a) Amend article 41.2 of the Constitution in order to remove the stereotypical language on the role of women in the home;

(b) Introduce legislative provisions that underline the obligation of the State to pursue actively the achievement of substantive equality between women and men;

(c) Amend article 40.3.3 of the Constitution (also known as the Eighth Amendment), which impedes the introduction of amendments to current legislation governing access to abortion.

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Health

42. The Committee welcomes the steps taken by the State party to improve health care for women and girls in the State party. The Committee is concerned that access to abortion in the State party is restricted to cases where there is a real and substantial risk to the life of the pregnant woman under the Protection of Life During Pregnancy Act of 2013, which was enacted following the decision of the European Court of Human Rights in the case of A, B and C v Ireland, and that this exception is interpreted in a very restrictive manner. The Committee is also concerned that under the Regulation of Information (Services Outside the State For Termination of Pregnancies) Act of 1995, the provision of information by health- care providers that advocates and promotes the option of abortion is criminal. The Committee is particularly concerned that owing to this restrictive legal regime:

(a) Abortion in all cases other than where there is a real and substantial risk to the life of the pregnant woman is criminal and carries a maximum penalty of 14 years imprisonment;

(b) Women and girls are compelled to travel outside the State party to obtain an abortion in countries where it is legally available on wider grounds;

(c) Women and girls without means to travel outside the State party to obtain an abortion, such as poor women, asylum seekers and migrant women and girls, may be compelled to carry their pregnancies to full term or to undertake unsafe abortion, which may lead to severe mental pain and suffering;

(d) Health-care providers and pregnancy counsellors cannot freely provide information on abortion for fear of being prosecuted for violating the Regulation of Information Act of 1995.

43. The Committee recommends that the State party:

(a) Repeal the Protection of Life During Pregnancy Act 2013 in order to legalize the termination of pregnancy at least in cases of rape, incest, risk to the physical or mental health or life of the pregnant woman, and severe impairment of the foetus, and decriminalize abortion in all other cases;

(b) Intensify the implementation of health programmes, including awareness-raising programmes, to ensure the availability, accessibility and use of modern contraceptives, in line with general recommendation No. 24 (1999) on women and health;

(c) Repeal the Regulation of Information (Services Outside the State For Termination of Pregnancies) Act of 1995 in order to ensure free access to sexual and reproductive health information and education, and that health-care providers, physicians and pregnancy counsellors do not operate under a constant fear that their services may be subject to criminal investigation and prosecution;

(d) Ensure the provision of post-abortion health-care services for women irrespective of whether they have undergone an illegal or legal abortion.

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Concluding Observations on Report 4-5 (2005) (Link)

7. Steps had been taken to integrate a gender dimension into the health service and to make it responsive to the particular needs of women. Additional funding had been provided for family planning and pregnancy counselling services. The Crisis Pregnancy Agency had been set up in 2001. Extensive national dialogue had occurred on the issue of abortion, with five separate referendums held on three separate occasions. The representative noted that the Government had no plans to put forward further proposals at the present time.

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38. While acknowledging positive developments in the implementation of article 12 of the Convention, in particular the Strategy to Address the Issue of Crisis Pregnancy (2003) that addresses information, education and advice on contraceptive services, the Committee reiterates its concern about the consequences of the very restrictive abortion laws under which abortion is prohibited except where it is established as a matter of probability that there is a real and substantial risk to the life of the mother that can be averted only by the termination of her pregnancy.

39. The Committee urges the State party to continue to facilitate a national dialogue on women’s right to reproductive health, including on the very restrictive abortion laws. It also urges the State party to further strengthen family planning services, ensuring their availability to all women and men, young adults and teenagers.

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Concluding Observations on Report 2-3 (1999) (Link)

185. While noting with appreciation the existence of a Plan for Women’s Health, 1997-1999, and the establishment of a Women’s Health Council, as well as the wide availability of various programmes to improve women’s health, the Committee is concerned that, with very limited exceptions, abortion remains illegal in Ireland. Women who wish to terminate their pregnancies need to travel abroad. This creates hardship for vulnerable groups, such as female asylum seekers who cannot leave the territory of the State.

186. The Committee urges the Government to facilitate a national dialogue on women’s reproductive rights, including on the restrictive abortion laws. It also urges the Government to further improve family planning services and the availability of contraception, including for teenagers and young adults. It also urges the Government to promote the use of condoms to prevent the spread of HIV/AIDS.

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Concluding Observations on Report 1 (1989) (Link)

89. In the area of health, more information was requested on the degree of access to contraceptives for women under the age of 18 in the light of the rising incidence of teenage pregnancies, generally. It was asked why a prescription was required for contraceptives. Statistics, if available, were requested on the number of Irish women who had had clandestine abortions (in Ireland or abroad). It was also asked whether the fact that abortion was illegal was not considered by the Government to be contrary to the objectives of equality of opportunity and self-determination enshrined in the Convention. Exact data were requested on deaths resulting from illegal abortions and it was asked whether any action had been taken to stem the increase in deaths. Further, the Committee wanted to know if there was a strong movement from feminist groups with regard to legalizing abortion and if anything was being done to change the law. The Committee also wished to know whether abortion in the case of rape was illegal and whether there were any legal consequences for persons in that situation.

123. The representative responded to the questions in the area of health. On the subject of abortion, he explained that Irish law did not distinguish between clandestine and other abortions. Abortion had been illegal since 1860 and the provision had been upheld by a referendum held in Ireland in 1983. A number of women’s groups had played a prominent role in lobbying for abortion rights during the debate preceding the referendum but the feminist movement was not united on the issue. Police authorities had not reported any incidences of clandestine abortion in Ireland and it was believed not to occur as Irish women could avail themselves of legal and safe abortion facilities in the United Kingdom. On the question of the demand for abortion, the number of women who had given an address in the Ireland and who had availed themselves of an abortion in the United Kingdom in 1987 was reported to be 3,700, but it was considered that that figure might be low due to under-reporting. In answer to the question of whether the absence of abortion rights meant that many women would have to function as single parents with the attendant economic difficulties, the representative informed the Committee of the special weekly unmarried mother’s allowance, which was available subject to a means test.

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