repeal

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    Oldies get it wrong again

    You should stop reading right now. Pay no attention to pretty much every columnist of my generation. We got it wrong. Opinion polls are only as good as the people who interpret them, and we all filter our interpretations though our experience. I first voted in 1983, on the Eighth Amendment, which was approved by two-thirds of those who showed up to vote. Three years later, similar numbers turned out to reject a proposal to allow divorce in Ireland, and seemingly put an end to Garret FitzGerald’s grandly named Constitutional Crusade. It’s worth noting how referendums were back then. In the first 50 years of Bunreacht na hÉireann, we only got up to ten amendments. Since then, in large part thanks to Ray Crotty’s court challenge to the Single European Act, referendums have become almost an annual event, as much a part of the Irish calendar as the Munster Hurling Final or the Christmas Late Late Toy Show. There have been just under 50 referendum votes over the eighty years of the present Constitution. The X Case led to three further referendums on abortion in 1992. There were no good choices on offer, and the voters made the best of a bad deal, accepting votes to allow the right obtain information on abortion and to travel abroad, but rejecting an attempt to row back on the Supreme Court decision on suicide as a threat to life. A decade later, Bertie Ahern’s Fianna Fáil led government tried again, with the twenty-fifth amendment. Again, the government tried to reverse the suicide ruling from the X Case. Voters rejected it narrowly. In the interim, divorce had been introduced by the slimmest of margins in 1995. In each of these referendums, the same faces and voices popped up again and again, rehashing the same arguments. And weirdly, those voices were also raised in the regular referendums on the EU, as the Union expanded and evolved, requiring votes on new Treaties. But generals lose wars by preparing for the last battle they fought, and the tactics that worked in the 1980s have lost their edge. Despite the fear and damnation promised in 2015, Ireland said Yes to marriage equality in 2015. That should have been a warning klaxon that the country had changed. Yet three years later, the same tactics were deployed in the campaign to ‘Save the Eighth’. The old voices at Lolek Ltd, a private company trading under the registered business name “Iona Institute”, and the no longer quite so youthful Youth Defence, misread the country. Maybe the old guard thought that abortion was a harder sell for the reformers than marriage equality. The Repeal movement knew that the marriage campaign was won by thousands of coming-out stories, but conservatives thought that shame would keep women quiet. It didn’t work. Women told their stories, and the people listened. The quiet anger that had been bubbling since a few hundred people gathered quietly outside Leinster House the day after news broke of Savita Halappanavar’s death had not gone away. The No side misread their internal polls, and thought there was a soft Yes vote they could turn to a No. But while the electorate might differ over how abortion might work after the Eighth was gone, they were clear on one thing, the Eighth had to go. Soft support for abortion did not translate into soft support for Repeal. And so we come to this column, and all the columns like it. If generals make the mistake of fighting the last war, journalists make the mistake of reporting the last campaign. Journalists my age, who lived through the referendums in 2002, and 1995, and 1992, and even 1986 and 1983, remember when it was a hard slog. Against all of that, it was easy to write off marriage equality as a one-off fluke. But Ireland has changed. Michael Noonan was a government minister in 1983. Enda Kenny was elected in 1975. The Taoiseach who succeeded Enda wasn’t even born when he first entered the Dáil. Health minister Simon Harris wasn’t born when the Eighth amendment was passed. Invisibly, without the political correspondents and old heads noticing, a new generation took power. The Leinster House lobbies proved to be the greatest echo chamber of them all. Newspapers spoke about how online bot armies would sway votes and distort debate, while activists built “Repeal Shield” to silence abusive trolls (16,000 (mostly US-based) had been blocked at the time of going to press). Analysts derided a distributed movement without clear leaders, because they’ve been looking at astroturf for so long they’ve forgotten what genuine grassroots activism looks like. The grey-haired commentators are left wondering how they missed a revolution. The answer is simple. We got old. The kids have got this now. And I think the country is in good hands. Gerard Cunningham

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    The appeal of Repeal

    There have been many turning points and defining moments as the debate over repealing the Eighth Amendment has unfolded over recent weeks. Some of these have been the powerful stories of individual women or groups of women; others have been the remarkable statements of specific organisations and yet others have been the unexpected campaigning experiences on the ground. Not least of these turning points has been the remarkable fund-raising campaign launched by Together for Yes just two weeks ago. It had a target of €50,000 initially but quickly increased to €100,000, €250,000,€300,000, €450,000 and surpassed €500,000 in the space of just ten days. But what moved even veteran campaigners were the heart-breaking stories and compelling responses of many of the almost 15,000 thousands who contributed. And for some, who made the decision to contribute despite being hardly in any position to afford to, they were matched in turn by other women and men welcoming the chance to make a public statement and many other thousands who contributed in silence. It was truly amazing the way you could see, feel and watch the secrecy that still thrives in Ireland as many who contributed asked to be anonymous, but were glad that they had found a way to make their statement within a society that silences and renders invisible their actual experiences as women in this country. Other defining moments have been the courageous statements by some organisations that have refused to have their stories manipulated in the interests of those who want to deny women access to health services in their own country and to reproductive justice for all women in Ireland – including migrant women, adoptees and women with disabilities. I would highlight in particular the statements of Downs Syndrome Ireland (DSI), Migrants and Ethnic-Minorities for Reproductive Justice (MERJ), Adoption Rights Alliance (ARA) and Inclusion Ireland (II). Without the timely intervention of Downs Syndrome Ireland (DSI) appealing against the exploitative use of images of children with Downs Syndrome, such images would have been far more pervasive. DSI has been joined by Inclusion Ireland making visible the often hidden experiences of women with disabilities, too many of whom have been denied the right to have a child or who have experienced disrespect and marginalisation within the maternity services in Ireland. It has been the persistent campaigning and activism of MERJ that has ensured that the rights and experiences of migrants and ethnic minorities have been kept in the forefront of the campaign for Repeal: “We often hear about Irish women who are forced to travel to England to access abortion. But what about the stories of the people who can’t travel to access healthcare due to legal status, lack of money, lack of childcare, disability, etc? Migrants and ethnic-minorities face enormous barriers to accessing abortion and maternity services and are disproportionately affected by the 8th amendment. Let’s remember Savita Halapanavar, Ms. Y and the countless others”. Another critical turning point and special moment in this Together for Yes Campaign has to be the very powerful and unstinting voice rarely heard in the mainstream debate on reproductive justice. The Adoption Rights Alliance (ARA) puts forward its compelling case for Repeal in the strongest possible terms. “For our organisation, the Eighth Amendment represents the latest incarnation of the control that was exerted over the thousands of women and girls who were forced to relinquish their children for adoption and who were incarcerated in Mother and Baby Homes, Magdalene Laundries and other institutions. Since 1983, all pregnant women in Ireland have been denied the right to choose whether to proceed with a pregnancy, just as adopted people’s natural mothers were denied any choice. ARA is opposed in the strongest possible terms to the notion that adoption represents a viable alternative to abortion. We firmly recognise the right of a woman to choose not to pro- ceed with a pregnancy. Adoption should only ever be utilised in situations where a child genuinely needs a home, and not as a mechanism whereby women and girls are forced to carry to term and then relinquish the child to a closed, secret system”. Individual voices have also brought new and unexpected emotional experiences to the urgent Repeal cause – in the last few days the story recounted by Chris Fitzpatrick, Obstetrician and Gynaecologist has caught the imagination of many. “I am a doctor. I am supposed to look after people. The woman sitting in front of me is crying. She has had a scan. Her baby’s brain has not developed. The baby will not survive. The woman is 20 weeks pregnant. Her partner has his arm around her. Her mother and father are on their way. Some of her in-laws too. I go over the options. It’s too early to make any decisions. Emotions are too raw. The midwife is very kind to them. We go through everything again the next day. The woman says she cannot go through the rest of the pregnancy. She is too upset. She is wringing her hands in anguish. I cannot help her. She will have to go to England. She and her partner will have to make their own arrangements. Of course, I’ll see her back afterwards. She has our number. She will have to talk to the doctors in England about how to bring the baby home. She wants to bury her baby with her grandparents. The woman is still crying. I offer her a tissue. I have a ticket for the hospital car park. They won’t have to pay on the way out. Inadequate gestures. Cold comfort. There is nothing more I can do. Doctors in another country will look after her. Everyone tells us how important communication between doctors is. I don’t lift a phone. I don’t write a letter. My hands are tied. As they leave, they thank me. I wonder: for what? I close the door of my office. I can hear the woman crying on the corridor.” (Chris Fitzpatrick, consultant obstetrician and gynaecologist (and former

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    Let’s despatch the Eighth

    One morning recently I woke up to abusive tweets. “What is it with lesbians hating unborn babies?? Please explain!”. “Why so many lesbians pushing abortion when they should never really need one??!!!”. As a long-time feminist campaigner and Convenor of the Coalition to Repeal the Eighth Amendment, vulgar interactions from anti-choice supporters are inescapable. I’m too long in the activist tooth to let them bother me (much), but this latest batch does make me wonder. Why is “lesbian” used as a term of abuse, and what has it got to do with “hating” babies, or women, or men, or indeed anything else? I’d like to tweet back (but I don’t): “Look here, you with the vituperative tweet finger, I’m a feminist, lesbian, radical Irish grannie (of two, so far), and I’m pro-choice because I believe in equality, in human rights, in justice, and in a world where all women, everywhere, including my daughter and my granddaughter, have the right to make decisions for ourselves about our bodies and our reproductive lives. It’s a national issue, it’s global and it’s also very personal. So there!”. The Coalition to Repeal the Eighth Amendment was set up in recognition of evident and popular demand for change. Our members include trade unions, pro-choice and feminist groups, human-rights organisations and many other NGOs and groups. The next year or so will be vitally important in advancing this issue. It has become a real election issue. If political soundings are to be believed, we can expect a “national conversation” after the election in the form of a Citizens’ Convention, followed by a referendum. It is hard to exaggerate the ‘chilling’ impact of the Eighth Amendment on women, on doctors in preventing them from working in the best interests of their patients, and on our society as a whole. What does it say about respect for women and our capacity to make our own decisions about our lives? What does it say about respect for human rights principles? Successive Governments have ignored robust criticism of the Eight Amendment from UN and other international human rights bodies. Even as I write, there’s a woman setting off from Sligo or Kerry or Wexford or Dublin on that dismal journey to the UK for an abortion she can’t obtain here with the support of her partner, her family, her friends, her GP. There’s another woman getting off the plane on her lonely trek back, and another desperately trying to find the money or the vital travel documents, or whatever else she needs to go abroad for an abortion. Every day, at least ten women are forced to go through this exhausting and demeaning process because the law and the health services fail to provide for women’s full reproductive needs and rights. We have no idea how many more women are in tears and desperate because they don’t have the resources of money, travel papers, childcare, time off work, good enough health and capacity, or whatever it is they would need to be able to make the journey. We predicted the direct and dangerous implications of the Eighth Amendment for women when it was introduced into the Constitution in 1983. We have learned with terrible sadness and anger of women dying. We have had to bear unwilling witness to innumerable personal tragedies dragged through the Courts and exposed in the media. As women, the Eighth Amendment ensures that our human rights are consistently breached during pregnancy by making a dangerous, unworkable distinction between our lives and our health. It denies us life-saving treatment such as chemotherapy. It forces us to remain pregnant against our will, even in cases of rape, incest and where a fatal foetal abnormality has been diagnosed. The Eighth Amendment puts our health at risk, denying us options even when the outcomes are clearly long-term and debilitating. It discriminates against poor and marginalised women and all those who cannot travel abroad for an abortion. Disgracefully, it criminalises women for the ‘procurement’ of an abortion, including women who obtain the abortion pill, the safest and most straightforward means of abortion. It criminalises medical professionals who assist women to do so. It places punitively strict parameters around the crucial information that reproductive health services can provide. It’s clear that the Eighth Amendment no longer reflects public opinion, with poll after poll showing strong support for its repeal. While we certainly don’t underestimate the amount of work to be done, our members are committed to the battle ahead. With public support we will campaign vigorously for repeal of the Eighth Amendment. In 2016, we don’t think that’s too much to ask. Do you? Ailbhe Smyth Ailbhe Smyth is Convenor of the Coalition to Repeal the Eighth Amendment

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