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The 8th amendment(Mod warning in op)

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  • Registered Users, Registered Users 2 Posts: 17,495 ✭✭✭✭eviltwin


    Yeah Jack keeps minimising the negative impacts on the 8th on womens lives and healthcare as if they are irrelevant to the debate and discussion.

    People like Jack see the negative impacts as worth it if it prevents abortion


  • Registered Users, Registered Users 2 Posts: 9,363 ✭✭✭nozzferrahhtoo


    The 8th has a positive effect on her right to life before she's even born though?

    I am still curious what your interest even is in a law that protects the right to life of the unborn given you have indicated to me in the past (assuming you were not just communicating poorly) that you believe a woman should be able to have a termination of her pregnancy at any stage, for any reason.

    I am very interested to hear how one can hold the position that a woman should have the right to terminate the pregnancy at any stage for any reason........ while also holding to the position the unborn should have a right to life.

    You have told us "that a woman should have full control over her own body at any stage in her pregnancy.".

    Is that not at odds with a law that gives a right to life to the unborn?

    You have also told us that "Before it's born, it's a foetus, inside a pregnant woman, who does not want to continue her pregnancy. After it's born, it's no longer a foetus, but an individual human being upon which we confer human rights."

    Is there not a contradiction in saying we confer rights after birth, but having a law that gives it rights before birth?

    I genuinely would like to see the connection here, because at the moment it is like reading the posts of two totally different people posting under one single user name. Perhaps a simple re-wording of your points is all that is required for me to see the missing link, but right now things appear to by entirely contradictory.

    Or maybe even better, because second voices can often be clearer than one.... if someone ELSE understands how this conflict is resolved and understands OEJs position here, could you adumbrate it in your own words for me. Maybe I will understand the same point better simply made by a different person in a different way?


  • Registered Users, Registered Users 2 Posts: 68,190 ✭✭✭✭seamus


    drkpower wrote: »
    Seamus, you didn't address the point; about the president elect getting some rights despite not being the actual president. But carry on....
    You're splitting hairs. The president-elect is not the president.

    Just like a foetus is not a person.

    If you want, we can use any number of analogies. A medical student is not a doctor. A child is not an adult.

    We never assign the rights of (X) to things which are potential (X). This is no different.

    Now, by all means argue that a foetus should be protected. But you can't argue that it deserves the rights of a person or should be treated as a person.

    Because it's not.


  • Registered Users, Registered Users 2 Posts: 40,912 ✭✭✭✭ohnonotgmail


    ....... wrote: »
    This post has been deleted.

    for unwanted pregnancies it does have an effect because those who cant travel for abortion for any reason are forced to go through with the pregnancy despite the possible negative aspects on her life. not forgetting those women where their abortion is delayed because of the difficulty (financial or otherwise) of traveling and they end up with a more invasive procedure because of this.


  • Registered Users, Registered Users 2 Posts: 669 ✭✭✭Fizzlesque


    I question that too....

    Thank you, nozzferrahhtoo, I am pleased to have been understood. I try to not post on abortion threads anymore, but I've been reading this thread all along and had a few glasses of wine last night and emotion got the better of me and away I went doing the posting I'm not supposed to be doing, so I was happy to read your post when I woke up and thought, "ah crap, I posted last night" :)

    There is more I could say but I feel a bit like a tin can that was tied to a car being dragged along the road, and yourself and Peregrinus are driving the car (two steering wheels, of course :)) As well as that, I need to keep this post short and sweet because I have to compose a reply to One Eyed Jack after this one, so I'd better not get into lengthy post mode, or there could be trouble ahead. :P).


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  • Registered Users, Registered Users 2 Posts: 5,475 ✭✭✭drkpower


    seamus wrote: »
    You're splitting hairs. The president-elect is not the president. .

    Precisely; but it is given some rights; not full, but some. You should reflect on that.


  • Registered Users, Registered Users 2 Posts: 3,279 ✭✭✭NuMarvel


    Ahh, but not as a result of the 8th amendment. I'll give you the benefit of the doubt that's not what you were trying to imply - that her death was a result of the 8th amendment.

    Ectopic pregnancies can be treated with a drug called methotrexate. The woman's husband enquired about this, but according to the RTE reporter on Twitter, he was told "the foetal sac had a heartbeat and the only option was surgery."

    The drug works by stopping the growth of the unborn, in other words, the unborn is directly targeted. Surgery, while having the same effect, isn't regarded as being directly targeted as the initial aim is to remove a part of the fallopian tube. The woman wasn't denied the drug because of the effect it could have on her, but because of the effect it would have on the unborn.

    So while certainly the doctors and hospital bear responsibility for the effects of the surgery, the 8th bears the responsibility for her having the surgery in the first place and denying her the option of medical, non invasive treatment.


  • Registered Users, Registered Users 2 Posts: 68,190 ✭✭✭✭seamus


    drkpower wrote: »
    Precisely; but it is given some rights; not full, but some. You should reflect on that.
    Yes, it is given the rights of the president-elect, not of the president.

    By all means argue that "the foetus deserves the right to life because...", but the end of that sentence isn't "it's a potential person".

    The president-elect is given certain rights and privileges because they're necessary to ensure an efficient handover between administrations and ensure the safety of the president elect. Not because they're a "potential president".

    So on the same basis, what rights does a foetus need, and why?


  • Registered Users, Registered Users 2 Posts: 24,524 ✭✭✭✭One eyed Jack


    Yeah Jack keeps minimising the negative impacts on the 8th on womens lives and healthcare as if they are irrelevant to the debate and discussion.


    No Joey, that's not true and that's certainly not the way I intend anything I've said to come across. I'm quite aware of the potential negative effects of the existence of the 8th amendment, but I don't see the potential negative effects of the existence of the 8th amendment as outweighing the potential negative effects of the repeal of the 8th amendment. I've given my reasons for coming to this conclusion earlier in the thread, and people who disagree with them have chosen to downplay them, and that's fair enough, leaves us at somewhat of an impass. I'm ok with that, not because I want to be, but because I have to be, because I accept and understand that not everyone sees everything the same way in Irish society.


  • Registered Users, Registered Users 2 Posts: 669 ✭✭✭Fizzlesque


    You pretty much answer your own question from my perspective anyway, although I've never believed in life at all costs, because I don't think that really is fair, and there are and have often been a number of circumstances where I thought either abortion or euthanasia may have been the better option. However it was never my decision to make.

    I've always been the sort of person who has looked at things and thought "it doesn't have to be like this, there has to be a better way", and that's what's always driven me as opposed to saying there's too much pain in the world, what would possess anyone to impose another life on an already overpopulated planet?

    For one thing the overpopulation argument is far more nuanced than it's made out here, and there's no reason we couldn't seriously tackle poverty in developing countries if we really, really wanted to. Personally, I've always preferred to work closer to home, tackle the problems I see on my own doorstep. I rarely have time to get contemplative about global problems when there's so much needs to be done within my own community already.

    I don't think being given life on earth is some great gift. Quite frankly, I agree with you, it's shìte most of the time. But, I believe that everyone should be given the same opportunity to make life better for themselves and for each other, and I don't think that can ever be achieved in one generation alone, but it takes each new generation to get closer to that goal, and so that's why I prefer to give as many people as I can a chance to contribute to that goal, because none of us can achieve it on our own, and it doesn't have to be like this.

    I don't want the world to be a miserable hell-hole that people wouldn't bring a child into, so I try and do something about it. That's all.

    Thanks, One Eyed Jack. I wouldn't be one to throw out the overpopulation perspective - I had a brief read about anti natalist after reading Nozzferratthoo's post, and that doesn't represent my worldview. I do sometimes rant a little about how much better the planet would be without us but I don't advocate setting that situation in motion by calling time on having babies (unworkable as it is)

    I loved your closing thoughts. Be the ripple towards change, or something like that. Me too. But that's not all :p


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  • Registered Users, Registered Users 2 Posts: 5,475 ✭✭✭drkpower


    seamus wrote: »
    Yes, it is given the rights of the president-elect, not of the president.

    By all means argue that "the foetus deserves the right to life because...", but the end of that sentence isn't "it's a potential person".

    The president-elect is given certain rights and privileges because they're necessary to ensure an efficient handover between administrations and ensure the safety of the president elect. Not because they're a "potential president".

    So on the same basis, what rights does a foetus need, and why?

    The presidential analogy was probably tongue in cheek to begin with, but the point is that intermediates/potentials are actually given rights all the time, the extent of those rights depending but being somewhere between none and full rights.

    Completely outside of the 8th etc, we give certain rights to foetus' all the time. A foetus can't be harmed/neglected by a doctor for instance, and if it is, the doctor can be sued. That right vests after birth, but that is as much a matter of practicality rather than anything else. If the foetus truly 'had no rights', a doctor would be entitled to neglect and harm a foetus and walk away scott free.

    So, yes, the foetus is given many rights/privileges etc; i dont see why people seek to avoid that simple reality. It is entirely possible to hold a liberal pro-choice position while accepting that blindingly obvious reality.


  • Registered Users, Registered Users 2 Posts: 1,972 ✭✭✭captbarnacles


    eviltwin wrote: »
    Even if surgery for eptopic pregnancy is successful, let's not forget it's removing a healthy tube and reducing a woman's ability to conceive in the future. I know one woman who had the same experience, tube removal because the hospital wouldn't offer an alternative. It's barbaric.

    Yep horrific. My wife got pregnant again quickly but I'd imagine we'd be quite bitter if we hadn't been able to. We know women who have not managed to conceive again afterwards.


  • Closed Accounts Posts: 9,057 ✭✭✭.......


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  • Registered Users, Registered Users 2 Posts: 24,524 ✭✭✭✭One eyed Jack


    ....... wrote: »
    So you would prefer to affect the maternity care of ALL women in Ireland rather than allow medical best practice because you wish to deny some women the choice to have an abortion.

    That is quite breath taking.


    That's not what I said at all, and what's quite breathtaking for me is that even after all this time, after all this discussion, you're still interpreting my posts with malicious intent or some desire that I have to deny women anything or harm women in some way.

    I know myself nothing could be further from the truth, but if that's what you still choose to believe at this stage, you're more than welcome to continue believing it, that however doesn't change the facts.


  • Closed Accounts Posts: 9,057 ✭✭✭.......


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  • Registered Users, Registered Users 2 Posts: 669 ✭✭✭Fizzlesque


    Because we can't base a functioning society on the idea that life is worthless, even negative. You are living in a largely functioning society and the pain you feel about your decision would be the least of your worries if you lived in a society that did not endeavor to hold human life as valuable - if it didn't work off that assumption.

    If you can still have the ability to care for other people, you know you don't want that possibility to be true. Your psyche fights it at every moment, you think you are settled on 'life isn't worth it' - even just for yourself - and time comes back with a retort. That's not to mention that no matter how bad most people feel, even if they kill themselves, most of them know that something went wrong for them and that it wasn't so bad that everyone else needed to go with them.

    Thank you for your reply, Call Me Jimmy.

    I don't get the feeling we're looking at life through the same lens. Or that my post succintly conveyed to you what I was expressing. I do have the ability to care for other people - I have a lot, too much sometimes. However, I also feel like I am part of a wider picture, as I go through this life of mine on this sometimes peculiar planet.

    I made efforts to make clear in my post that I'm not 'settled on life not being worth it'. On the contrary, I was saying that I hope my daughter thinks it's worth it.

    I'm less vocal tonight so that's about all I can muster in response for now. Hope your Friday was good and the weekend is even better :)


  • Registered Users, Registered Users 2 Posts: 24,524 ✭✭✭✭One eyed Jack


    ....... wrote: »
    Word salading wont change what you said.

    True colours indeed.


    Oh give over, honestly!

    If I truly didn't care, I wouldn't be here at all.

    Quit making out like you give a damn about Irish women and anyone who disagrees with you doesn't. I've taken you seriously up to this point, but you sure as hell haven't made it easy.


  • Registered Users, Registered Users 2 Posts: 9,363 ✭✭✭nozzferrahhtoo


    Fizzlesque wrote: »
    I had a brief read about anti natalist after reading Nozzferratthoo's post, and that doesn't represent my worldview.

    If you feel like really testing your attention span there is a 2 hour discussion / debate here about anti natalism too. One person explaining it, and the other trying to pick holes in it.

    The same interview is on You Tube if, like me, you are one of those people who likes to listen to such things at 1.25x or 1.5x speed :)


  • Registered Users, Registered Users 2 Posts: 41,223 ✭✭✭✭Annasopra


    No Joey, that's not true and that's certainly not the way I intend anything I've said to come across. I'm quite aware of the potential negative effects of the existence of the 8th amendment, but I don't see the potential negative effects of the existence of the 8th amendment as outweighing the potential negative effects of the repeal of the 8th amendment. I've given my reasons for coming to this conclusion earlier in the thread, and people who disagree with them have chosen to downplay them, and that's fair enough, leaves us at somewhat of an impass. I'm ok with that, not because I want to be, but because I have to be, because I accept and understand that not everyone sees everything the same way in Irish society.

    What? You are not minimising but yet you prefix it with "potential" - seriously? Thats hugely contradictory to me. There are negative effects of the 8th amendment. Calling them potetial negative effects is completely minimising them and downplaying. Stop trying to create an endless round the houses wordplay about how you are not doing something when you are clearly doing it.

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Registered Users, Registered Users 2 Posts: 24,524 ✭✭✭✭One eyed Jack


    What? You are not minimising but yet you prefix it with "potential" - seriously? Thats hugely contradictory to me. There are negative effects of the 8th amendment. Calling them potetial negative effects is completely minimising them and downplaying. Stop trying to create an endless round the houses wordplay about how you are not doing something when you are clearly doing it.


    The reason I used the word potential with regards to the 8th amendment Joey is because of the many, many women who have been pregnant and who have given birth since the inception of the 8th amendment, a negligible amount of those women will have been negatively affected by it's existence. That's not downplaying it's negative effects, it's an acknowledgement that the negative effects are often over-stated by opponents to the 8th amendment.


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  • Closed Accounts Posts: 9,057 ✭✭✭.......


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  • Registered Users, Registered Users 2 Posts: 24,524 ✭✭✭✭One eyed Jack


    I told you already I understand it. I would respectfully suggest at this point you accept that and move on.


  • Closed Accounts Posts: 9,057 ✭✭✭.......


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  • Registered Users, Registered Users 2 Posts: 29,494 ✭✭✭✭end of the road


    kylith wrote: »
    It's living tissue, certainly, but is it alive? In terms of the signifiers of life; growth, respiration, reaction, etc. it ranks lower than an amoeba.

    it actually doesn't as it is likely to develop into a person which will have all those characteristics. therefore it ranks a billion times higher then an amoeba.
    It is alive in the sense of being a distinct biological entity that is.... well.... doing it's thing. Taking in energy and ordering that energy for higher function and so forth.

    But when it comes to rights and morals and ethics it is not "Alive" in any meaningful sense that distinguishes it morally from..... say.... an amoeba or an ant or so forth. In fact I would tend to have a tad more moral and ethical concern for an ant than a 12 week gestated fetus.

    the reality however is that the unborn even in it's first few weeks is above an ant, given that it will likely develop if not stopped, into a complex human person.
    seamus wrote: »
    And this is the bit that's always danced around.

    The only thing that differentiates a "human cell" from a "human being" is that the latter can survive independently - i.e. without a permanent connection to another biological host.

    When you get down to it, that's the point at which we can say it's no longer a "potential person" and it becomes an "actual person".

    This makes people uncomfortable because no matter which way you slice the argument, there is no ethical or logical basis to say that a foetus up to this point is any more a person than a liver or a kidney. It bears no specific qualities that make it any more deserving of protection than the aforementioned organs, or a tree sapling, or a canine foetus.

    Potential to become a person doesn't make them a person. I could potentially become president, but I'm not going to be given all of the rights and privileges of the president because of this "potential". I only get those rights and privileges when I actually become president.

    no, this is not accurate. the human cell that we are talking about, will develop into the human person. before hand it is still a human being and a life form. surviving independantly without a permanent connection to a biological host is not a valid method to judge whether one is a human being, given that part of the human development relies on a host for a time. there is absolutely plenty of ethical and logical basis to say that the unborn is a human being, and at a certain point will become a person. however some who would be in favour of abortion for non-extreme reasons, need to find something to dismiss reality so they can justify their viewpoints. the reality is that there are a number of those who would be in favour of abortion who don't believe in dismissing reality as they are confident in their viewpoint.
    Does it really matter if an embryo is "alive"?

    I don't believe it is, but for arguments sake let's suppose it's a tiny miniature human.

    At best it's a tiny miniature human on life support so advanced that we haven't yet mimicked it. Only one person can and does run that life support.

    We regularly switch off life support if there's no prospect of recovery (fatal fatal abnormality, really poor prognosis where it falls below FFA) so there's certainly no basis for preventing FFA abortion on the grounds of "life".

    Suppose it's potentially a healthy baby, should we also oblige the carrier to continue to offer life support in the face of mental distress or health complications? We don't oblige people to donate organs, even after they're dead; we don't oblige people to donate blood. We don't oblige people in general to inconvenience themselves even slightly to save the life of another person.

    Heck you can sign up to be a blood marrow donor and legally you can withdraw consent at any time, including when it would mean the certain death of the person matched with you. Everyone might consider you morally repugnant but your legal right is there.

    Human life is protected but not to the extent that we force people to save others, unless you're a woman and it's an unborn "child".

    What's the difference?

    As I see it, men would be impacted by such obligations so everyone understands how such obligations would contradict basic freedoms and rights. Abortion, affecting only women is somehow a popular exception to bodily autonomy.

    the organ donation argument isn't valid, given that there are potential for a couple of potential donors.
    there is a huge difference between organ donation and the unborn child. abortion on demand is not a freedom or right in itself, as one doesn't have the right to specifically take a life unless absolutely necessary, therefore such would not go against bodily autonomy.
    in relation to switching off life support, as you said yourself this is done where there is no chance of recovery. there is no comparison between that situation and the embryo, which if unhindered will develop into a human person.
    ....... wrote: »
    This post has been deleted.


    you must have been reading very different posts as i can confirm jack has not said what you claim. the reality is that you want the content of jack's, and other people's posts to match up to the particular predetermined viewpoint you have of those with a different view to you.

    why do you have to be so vicious toards people who don't agree with you?

    I'm very highly educated. I know words, i have the best words, nobody has better words then me.



  • Registered Users, Registered Users 2 Posts: 29,494 ✭✭✭✭end of the road


    Saying an embryo is alive and human is not enough.

    My appendix is alive. It is clearly a human appendix. Is it a human life? Nope.

    Calling an embryo "new life" is already loaded language.

    no, it isn't, as it's fact that an embryo is a life, which will likely develop into a person, unless circustances come into play to prevent it from doing so. an appendix is a part of the body, it's not a separate being or a life in itself.
    No, it isn't. Why is it "new", and while I agree it is alive, why is it a "life"?

    Calling it "new life" is most of the way to saying a new human life has come into being. But to be a human life, the living thing should be a human being, not an appendix. Is a fertilized cell in a test tube a human being? I certainly don't think so.

    Even the 8th amendment does not go so far as to say that the "unborn" is a human being.

    it's a life because it's alive, it is likely to develop fully and should it develop fully, will then die after a time period. a fertilized cell in a test tube is a human being, it's not a person but it is a human being which is likely to develop into a person, unless circumstances happen to prohibit it from doing so.

    I'm very highly educated. I know words, i have the best words, nobody has better words then me.



  • Closed Accounts Posts: 9,057 ✭✭✭.......


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  • Registered Users, Registered Users 2 Posts: 6,161 ✭✭✭frag420


    it actually doesn't as it is likely to develop into a person which will have all those characteristics. therefore it ranks a billion times higher then an amoeba.

    What scale are you using to determine this? What are you bench-marking your numbers against?

    By the way i am laughing my tits of at you while I write this, a billion times higher indeed :pac::pac::pac::pac:


  • Registered Users, Registered Users 2 Posts: 16,121 ✭✭✭✭Spanish Eyes


    Since up to now we have turned a blind eye to the thousands of women who go to Britain or elsewhere to terminate, I often wonder at the lack of extremism in those countries that provide the service in Europe (many of whom are Catholic) about the issue.

    I often wonder if the same level of debate applied when abortion was introduced in Italy/Spain say for example, or was it democracy in action or something.

    Never hear a peep now about any country in Europe that provides abortion apart from Malta and Ireland.

    What is the reason for the acceptance everywhere else do you think?


  • Closed Accounts Posts: 171 ✭✭Zerbini Blewitt


    Isaac burke (a self-identified Christian anti-choicer) keeps appearing on my youtube ads. He is complaining his group has been bullied & silenced in NUI, Galway for 4 years :confused:

    Is this the start of the flow of “keep the 8th money” from the US or maybe his parents are paying for this?


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  • Registered Users, Registered Users 2 Posts: 1,443 ✭✭✭sondagefaux


    drkpower wrote: »
    seamus wrote: »
    Yes, it is given the rights of the president-elect, not of the president.

    By all means argue that "the foetus deserves the right to life because...", but the end of that sentence isn't "it's a potential person".

    The president-elect is given certain rights and privileges because they're necessary to ensure an efficient handover between administrations and ensure the safety of the president elect. Not because they're a "potential president".

    So on the same basis, what rights does a foetus need, and why?

    The presidential analogy was probably tongue in cheek to begin with, but the point is that intermediates/potentials are actually given rights all the time, the extent of those rights depending but being somewhere between none and full rights.

    Completely outside of the 8th etc, we give certain rights to foetus' all the time. A foetus can't be harmed/neglected by a doctor for instance, and if it is, the doctor can be sued. That right vests after birth, but that is as much a matter of practicality rather than anything else. If the foetus truly 'had no rights', a doctor would be entitled to neglect and harm a foetus and walk away scott free.

    So, yes, the foetus is given many rights/privileges etc; i dont see why people seek to avoid that simple reality. It is entirely possible to hold a liberal pro-choice position while accepting that blindingly obvious reality.

    Apart from the right to life which is set out in the Constitution, this 'blindingly obvious reality' was not that obvious to Justice Cooke. However, two other High Court judges have decided that the 'unborn child' has more extensive rights than the one set out in the 8th amendment provisions.

    The state is appealing against the decision of Justice Humphreys, and it is likely that the Supreme Court will eventually decide the matter.

    It will be interesting to see if the Supreme Court decision is broadly in line with Cook or with Humphreys.

    A useful discussion of the legal issues here:

    http://humanrights.ie/uncategorized/the-rights-of-the-unborn-a-troubling-decision-from-the-high-court/


This discussion has been closed.
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