The Introduction of Article 40.3.3 to the Irish Constitution Caused More Problems Than It Solved.
MODULE LA4440
The Introduction of Article 40.3.3 to the Irish Constitution Caused More Problems than it solved.
It can be argued that the introduction of Article 40.3.3 to the Irish Constitution did indeed cause more problems than it solved. This essay will explore the implications of said Article in both a national and international context and discuss the standing on the law on abortion both pre and post the introduction of this Article. Article 40.3.3 was inserted into the Constitution under the 1983 Referendum on the Eight Amendment to the Constitution and reads as follows “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”.[1]
A Short History Before the introduction of Article 40.3.3 in 1983 there was no doubt that abortion in all forms was illegal in Ireland. Under Section 58 of the Offences Against the Persons Act 1861 any attempt in “procuring an abortion” was an offence which was to be punished with “penal servitude for life”[2]. Although there are obvious problems with this law in a modern society – history has shown that Ireland has higher instances of illegitimacy, infanticide and self induced abortion stemming from a rigid ban on abortion,[3] there can be no doubt that it is clear and unambiguous. This was supported by many cases such as G v An Bord Uchtala[4] and McGee v the Attorney General[5]. In particular comments made by Walsh J in G v an Bord Uchtala. Where he said “the right to life necessarily implies the right to be born”. Any fears of the pro-life movement that the famous Roe v Wade[6] case in the United States would affect Irelands’ abortion laws through the right to marital privacy were unfounded as the still overwhelmingly Catholic Ireland was simply not ready for such a step. The passing of the Eight Amendment in 1983 was an untested
The Introduction of Article 40.3.3 to the Irish Constitution Caused More Problems than it solved.
It can be argued that the introduction of Article 40.3.3 to the Irish Constitution did indeed cause more problems than it solved. This essay will explore the implications of said Article in both a national and international context and discuss the standing on the law on abortion both pre and post the introduction of this Article. Article 40.3.3 was inserted into the Constitution under the 1983 Referendum on the Eight Amendment to the Constitution and reads as follows “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”.[1]
A Short History Before the introduction of Article 40.3.3 in 1983 there was no doubt that abortion in all forms was illegal in Ireland. Under Section 58 of the Offences Against the Persons Act 1861 any attempt in “procuring an abortion” was an offence which was to be punished with “penal servitude for life”[2]. Although there are obvious problems with this law in a modern society – history has shown that Ireland has higher instances of illegitimacy, infanticide and self induced abortion stemming from a rigid ban on abortion,[3] there can be no doubt that it is clear and unambiguous. This was supported by many cases such as G v An Bord Uchtala[4] and McGee v the Attorney General[5]. In particular comments made by Walsh J in G v an Bord Uchtala. Where he said “the right to life necessarily implies the right to be born”. Any fears of the pro-life movement that the famous Roe v Wade[6] case in the United States would affect Irelands’ abortion laws through the right to marital privacy were unfounded as the still overwhelmingly Catholic Ireland was simply not ready for such a step. The passing of the Eight Amendment in 1983 was an untested