Human Rights Watch report: “Ireland Abortion Limits Violate Human Rights”

Every day, women all over the world face the decision of whether to terminate crisis pregnancies they did not plan, did not want, or cannot continue. These decisions are not easy to make: they involve a personal assessment of the most intimate kind as the consequences of reproductive choices touch upon almost every aspect of a woman’s private life. If a woman is lucky, she will have the support of her family and friends as she makes this decision and then goes on to implement it. If she is not, she will face the decision alone, isolated from her sources of support.

As a matter of international law, she should, however, be able to count on the state to provide access to accurate information and services. But women in Ireland most certainly cannot count on the state providing them with information and services about abortion. Abortion is legally restricted in almost all circumstances, except where the pregnant woman’s life is in danger. Even in those rare circumstances where an abortion can be legally performed, it appears that it almost never happens. Despite interviewing a number of prominent obstetricians and physicians, Human Rights Watch was unable to document a single case where an abortion had been legally performed in Ireland. As a result, all women living on Irish soil are forced to travel to access a medical procedure.

The response of the Irish government to the need for abortion has been erratic and divisive, contributing directly to violations of women’s human rights, including those to health, information, privacy, freedom from cruel, inhuman and degrading treatment, life, equal protection under the law, and nondiscrimination. Women with crisis pregnancies are forced to navigate the emotional, financial, and health implications of their decisions unsupported—and in many cases sabotaged—by the state. The women interviewed by Human Rights Watch for this report described how isolated they felt, in large part as a result of the government’s inadequate and violatory policies.

While Irish service providers interviewed by Human Rights Watch all expressed concern that women—in particular women with limited resources—were resorting to unsafe backstreet abortions, such practices remain deeply hidden. The main reason for this is not that women have fewer abortions or that the Irish government provides adequate care, but rather the proximity of Ireland to the United Kingdom (UK) and continental Europe, where abortion is legal and available (though expensive) for women from Ireland—a situation that has allowed the Irish government to abdicate its responsibility to protect the human rights of women who require access to abortion by exporting the problem abroad. Since 1980, hundreds of thousands of women have traveled to the UK from Ireland to terminate their pregnancies. Many women have traveled to other European countries for the same reason.

The women interviewed by Human Rights Watch described a climate of fear and shame, at least in part attributable to the criminalization of abortion. They explained their concerns about disclosing that they had had an abortion and the burden of secrecy that they are forced to carry. They also described their confusion about whether they could legally leave Ireland to access an abortion in the UK or other parts of Europe, and their concerns about whether to access post-abortion care, legally available in Ireland.

They also described financial constraints. Every woman interviewed for this report told Human Rights Watch how difficult it was to raise the money needed to pay for travel and the costs of the abortion. Even those who were employed indicated that the costs related to traveling created a significant barrier and delayed their access.

The current economic climate will inevitably create new financial barriers that will further limit access, especially for women who are poor or unemployed. At the time of researching this report, Ireland’s economy was one of the strongest in Europe and Ireland was often referred to as the “Celtic Tiger.” Little more than a year later, the picture has changed dramatically. The International Monetary Fund (IMF) noted in June 2009 that “Ireland has been hit particularly hard by the global economic and financial crisis.” In September 2009, the Irish government reported unemployment figures at over 12 percent. These circumstances will conspire to reduce the numbers of women who can afford to travel to access safe and legal abortions and may force them to resort to less safe options or continue with unwanted pregnancies.

Source: Human Rights Watch

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