aloyisious wrote: » Can some-one show me where the right to travel is guaranteed.......
OK, found the answer: 13 and 14th amendments...... Thirteenth Amendment of the Constitution Act, 1992 [Provided that Article 40.3.3° (the right to life of the unborn) would not limit freedom to travel between Ireland and another state] 23 December, 1992
alaimacerc wrote: » [...] Norsefire [...]
alaimacerc wrote: » Wider abortion access doesn't magically become legal overnight, simply from repeal of the 8th. And the Dáil is massively conservative on this whole area, as compared to the population as a whole.
drkpower wrote: » FFA is a no brainer, but that could easily be dealt with by amendment of the 8th, rather than repeal of it.
robdonn wrote: » Well first off, it's robdonn, not Robdonn.
robdonn wrote: » As for my previous posts with polls, I can't find it. Boards.ie search is awful! I think that one of the polls I linked to was the RedC / Amnesty International one (Feb 2016), as that poll has a good breakdown of reasons why people would allow or not allow abortion.
alaimacerc wrote: » EU treaties. That's not a general right to travel, however. It's not even quite a "right to travel to get an abortion" -- though that was pretty much the public's intent, so the SC might chose to read it in that manner, depending on their mood that particular afternoon. Narrowly read, it's just a prohibition on inferring a travel ban from the 8th itself. I don't think we'll be testing the question of what would happen if we abrogated the EU freedom to travel, and passed a law restricting access to the UK (Netherlands, etc) for abortions any time soon, though. Not unless there's an unexpected Christian Solidarity/Norsefire landslide next election, at least...
aloyisious wrote: » I like to think of it being an SC shot across the bows of the AG for being over-zealous in his duties.
alaimacerc wrote: » EU treaties.
Hotblack Desiato wrote: » AFAIK the EU is only concerned with the right of a member state citizen to enter another member state (and this is a qualified right.) They don't give a damn about your right to leave your own member state. The ECHR probably would be, but that's not the EU.
The Attorney General v. X, John Rogers S.C. wrote: We assert that X. has a right under the Constitution to have the abortion. As a matter of Community law and particularly under Article 29 of the Constitution, the Constitution must defer to those established principles of Community law, viz. the right to travel and receive a service in another Member State albeit that the principle is subject to higher interests under the concept of public policy."
"albeit that the principle is subject to higher interests under the concept of public policy."
alaimacerc wrote: » I don't follow how it's a shot on the part of the SC. Constitutional amendments are necessarily authored by the Dáil (and approved by the citizenry, obviously). If anything, given the circumstances of the X case, and the preliminary orders made in that case, it's a shot across their bows. Clearly the twelfth amendment was an attempt at a shot amidships at the SC... and failed. (I think I'll now retire from the high seas rather than try to stretch naval metaphors any further.)
Hotblack Desiato wrote: » AFAIK the EU is only concerned with the right of a member state citizen to enter another member state (and this is a qualified right.) They don't give a damn about your right to leave your own member state. The ECHR probably would be, but that's not the EU. Also, aloysius could you please post proper links not Eye of Sauron / Google Track Me Everywhere On T'Internet links. Ta.
Hotblack Desiato wrote: » Thanks. Is there a citation available of what community law they were referring to?
Without the right to travel amendment, I can see how the defenders of the 'higher interests' would attack that right, and perhaps win?
aloyisious wrote: » The AG himself ran into severe criticism at the time for attempting to abrogate the right of the girl and her parents to travel abroad after he went to the high court and got an injunction to prevent the girl and her parents from travelling to the UK. The injunction was overturned by the SC. It ruled that the girl, given the circumstances, was entitled to have an abortion under 40.3.3 as not to let her was putting her life, as distinct from her health, at risk. No abortion being allowed here meant she had to travel abroad for it.
aloyisious wrote: » Meantime David Quinn in the Indo gives his opinion about the term FFA, which contradicts the opinions of the doctors who's letter on the matter was posted here a few days ago, declaring it to be am actual term used by medical people here to describe an actual medical condition here.
alaimacerc wrote: » I think you're conflating the SC ruling, and the subsequent constitutional referenda. In the first instance, you were commenting on the latter.
aloyisious wrote: » The AG himself ran into severe criticism at the time for attempting to abrogate the right of the girl and her parents to travel abroad after he went to the high court and got an injunction to prevent the girl and her parents from travelling to the UK.
aloyisious wrote: » IMO, Fr Mac Giollarnáth's mention of commercial interests and forces in the abortion industry bring a new slant into the argument between the two sides of the national debate, that of foreign interests of a kind that has no legal standing here (as there are no abortion operations of the kind that the Fr is referring-to permitted here and any that might be agreed-to by Irish law and courts have to obtained abroad) unless it's a reference to, maybe, funding of advice groups here.
aloyisious wrote: » He argues that Dr Grant argues this as well: Where there is free, legal and safe abortion, two major social institutions, law and medicine, may disregard the most defenceless and vulnerable people among us...... IMO, it seem's to me that the two institutions Fr Mac Giollarnáth mentions already do so, in order to save a woman's life, presumably on some form of regarding the pregnant woman's life as being vulnerable.
aloyisious wrote: » From a juridical view, this is the purpose of article 40.3.3. It is broadly drawn, with protection offered to two parties, both of whom may be vulnerable and fragile, in different ways. The principal objection to abortion is that it permits action against an innocent and defenceless human being. This objection is not an end in itself; its purpose is solidarity with the mother and with her baby. It’s a case of both/and rather than either/or. Love them both rather than allow arbitrary preference between them.......... IMO, this avoid's the fact that from a judicial point of view, judges in both our High And Supreme Courts do have (and have done so in the past) to decide on a One Or The Other basis on 40.3.3 cases, knowing that there is often NO having both/and but rather an either/or in cases where abortion decisions are made.
aloyisious wrote: » There is an interesting article in today's Irish Times from a Carmelite friar, Fr Seán Mac Giollarnáth, in Dublin.... http://www.irishtimes.com/opinion/opposition-to-abortion-is-not-due-to-a-lack-of-trust-in-women-1.2718224
There are strong commercial interests and forces in the abortion industry, but that is another matter.
IMO, Fr Mac Giollarnáth's mention of commercial interests and forces in the abortion industry bring a new slant [...]
It’s a case of both/and rather than either/or. Love them both rather than allow arbitrary preference between them..........
Edit.... I thought the last word used in the link to Fr Mac Giollarnáth's article most peculiar.......
alaimacerc wrote: » Paywalled, so I guess I'll never know!
Hotblack Desiato wrote: » Private browsing mode.
Absolam wrote: » All of us have been embryo, foetus, infant, child and so on. This is our human identity as dependent rational animals; there is no escaping this reality. All of us have been an embryo, and a foetus who could have his or her life ended under such a regime.
alaimacerc wrote: » Paywalled, so I guess I'll never know! Just from the intro, it's clearly majoring on the whole "foetal personhood" nonsense on stilts, however. Or given his title, doubtless personhood from conception. Gee, isn't that a surprise? It's not true in law, it's not supported by public opinion, it's philosophical nonsense, and it has no basis in the biological facts. But let's just assume it to be true, and breezily proceed from there, right? No, it's a standard lazy snarl, not "another matter". I fail to see how this line of argument in any way "rebuts" Grant's point about linguistic dishonesty: it's just doubling down with more of the same. You. Have. To. Be. Having. A. Laugh. Perhaps by "new" you mean "another routine day's work for PLC's press releases"?Arbitrary preference? Give me strength. "Women"? OK, not quite sure why that's peculiar... Perhaps because the entire debate is predate And yes, what's with the links via google? Unless you're on commission, surely better to link directly to the target, please.
Hotblack Desiato wrote: » I found that article to be very self-righteous, and judgemental of women who wish to terminate. If you think the PLC don't have their fingerprints on it then, well...
aloyisious wrote: » Should anyone wish to read it, there is a letter/article by Tracy Harkin in the "most discussed" section of the Irish Times concerning perinatal hospice care. The heading of the letter-article is "Abortion Is Not The Only Answer To Life-limiting Conditions". Tracy is a member of Every Life Counts. However, that membership doesn't take away from her letter as it appear's to list perinatal hospice care or perinatal palliative care as an alternative choice for pregnant women carrying feotus with FFA's, and not an absolutist statement of "abortion is out, you must go to a full-term birth". If, however, Tracy is of an absolutist attitude that women cannot have the right to choose an abortion to deal with the medical situation she and her feotus are faced with, then (IMO) she is doing pregnant women no service at all. If you can have PHC/PLC, then you should be able to have better after-care for women all round, inclusive of women who choose to have abortions. There is also the cost of such services of PHC or PLC to be kept in mind. Should one opt to use PHC/PLC, then the cost in mental stress, finance, time and ultimately the loss of the born baby, must be taken into account. The mental stress applies equally to women who opt for abortions.