drkpower wrote: » Im not sure what 'official' means in that context, but abortions have been happening for decades - and long before 1983 - for life-threatening medical indications, most commonly ectopic pregnancies. Ectopic pregnancies were managed in broadly the same way before and after 1983. No, the 8th was supposed to a permanent constitutional protection against any future Government legalising abortion in non-life threatening situations. We/I may be splitting hairs here, but it is important just to reflect that abortions have been a feature of medical practice for decades.
There has also never been absolute permission in the same cases. They apparently skirted a convenient line where things went OK so long as nobody raised any heckles about it and nobody decided to see if they could prosecute a doctor. My point being, ultimately, that the Eighth forced the state, for the first time, to explicitly legalise abortion. Even though it had been sold as a safeguard against it
drkpower wrote: » Seamus, you are surely not claiming that ectopic pregnancies weren't treated before 1983, or before X, or before POLPA are you? I mean, really?
But the key point is that there is not, and never has been, an absolute prohibition on abortion in cases where there is a clear risk to life.
seamus wrote: » "Official" means recorded, standard medical practice. I went looking (albeit not for hours) and could find no indication that abortion was standard medical practice in Ireland unless the embryo or foetus had no detectable heartbeat. And if abortion was standard medical practice when there was a risk to the life of the mother, what happened to Savita? Why was Malak Thawley refused chemical intervention and told surgical was the only option? Happy to be corrected though.
drkpower wrote: » Im not sure what 'official' means in that context, but abortions have been happening for decades - and long before 1983 - for life-threatening medical indications, most commonly ectopic pregnancies. Ectopic pregnancies were managed in broadly the same way before and after 1983.
The 8th was supposed to a permanent constitutional protection against any future Government legalising abortion.
drkpower wrote: » Before 1983, and after 1983, before the X case, and after the X case, abortions were being carried out in Ireland perfectly legally for many medical indications (for ectopics being the classical example).
Counsel said Mr Thawley googled ectopic pregnancy and saw it could be treated with certain medicine but was told, because the foetal sac had a heartbeat, the only option was surgical intervention and the couple felt they should follow the advice.
What the 8th (and the X case's interpretation) did was to legalise suicidality as a ground for abortion. Which is, eh, ironic to say the least! But irony aside, even now, and even post POLPA, i'm not even sure if an abortion has actually occurred under the suicidality ground (though may be wrong on that).
So it might be a little misleading to suggest that the 8th did the complete opposite of what was intended.
seamus wrote: » The Eighth Amendment forced the Irish State to legalise abortion for the first time in its history.
seamus wrote: » No, this is not to do with allowing travel overseas. That required another amendment whereby the public "modified" this value statement to clarify that it didn't want to jail women who would try travel for an abortion. The Eighth Amendment forced the Government in 2013 to make abortion legal in Ireland under certain circumstances. The Government had no choice - the Supreme Court had ruled (20 years previously) that this amendment implicitly required that abortion be legal in those circumstances. It was presented to the public in 1983 as a permanent barrier to abortion ever becoming legal in Ireland. In actuality it copperfastened into the constitution an obligation on the state to permit it. Repealing the 8th would lift this obligation. With all due respect, if you're this far out of the loop on the discussion, I would suggest that you go off and do some reading before coming back. Discussing abortion and the philosophising around that is one thing, but the 8th Amendment is a specific piece of law with 30 years of history and controversy behind it that you can't just ignore and hand-wave with vague descriptions like "value statement".
nozzferrahhtoo wrote: » I reckon the reason people arbitrarily pick implantation over conception though is probably so they do not fall foul of having to argue against MAP and the like.
Intothesea wrote: » Now, I'm not privy to exactly what is the case, apart from guessing that the not-total ban meant people legged it to England to get abortions. My contention is that the wording was left that open specifically to declare a 'spirit of the endeavour". Which would mean our politicians did their best to uphold a certain idealism while acknowledging reality. Anyway, I might be talking through my hat here, but that's what I think you meant.
seamus wrote: » Did you read my post? Even if 100% of the Irish people in 1983 supported this "value statement", it ended up having the exact opposite effect and forced abortion to be legalised. It would be like having a constitutional ban on the death penalty, which due to awful wording forced the state to introduce the death penalty. And bizarrely then the most vocal opponents to the death penalty are the same ones fighting tooth and nail to protect the only thing making it legal.
Intothesea wrote: » Yes, I'm not sure what I make of this, though it's not much of a stretch to say anything that interferes with a fertilized egg' progress is an act of willful destruction.
Intothesea wrote: » Gawd, for such an apparently intelligent guy you can sure pretend to be logically disadvantaged. And it's obvious you're not, so I'll leave it there.
nozzferrahhtoo wrote: » Pointless comments about your eyes aside, it is not clear what you think you are trying to say here. An entity either has rights or it doesn't. And if it does there has to be SOME point in the process SOMEWHERE where it gets them. Now one can choose to arbitrarily pick a point in that process, and shout out words like "implantation", or one can at least try and sit down and coherently make a case for a point in the process. And no "implantation" is not the absolute start point. Conception is. But just shouting out "implantation" or "conception" is not making a case for why that should be the point chosen. Nor does the "starting point" of the process get us there either. I reckon the reason people arbitrarily pick implantation over conception though is probably so they do not fall foul of having to argue against MAP and the like. But both seem equally arbitrary to me. Disorientation might be apart of the explanation for the poor points I guess. But certainly I do love another chance to test out "Nozzferrahhtoo's first law of forum posting" which states that "the probability of a user making another post on a conversation goes UP in proportion to the number of times they have claimed to be leaving it".
Intothesea wrote: » It's a value statement that was left in place for however long, and presumably it's a forgone conclusion that not everyone will abide by a value appearing as an emergent property from a bunch of people. If the majority of people opposed it, why did it end up in the constitution in any format, let alone the one used?
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Intothesea wrote: » Any criteria applied to determining the right of a fetus to life is moot and irrelevant when the act of creation and implantation is the absolute start condition of a process that progresses according to time, an unalterable factor.
Intothesea wrote: » Must get off this merry-go-round now, getting dizzy
seamus wrote: » Even as a "value statement" though, it has failed miserably. The Eighth Amendment forced the Irish State to legalise abortion for the first time in its history. What was intended to be an iron-clad ban, a "value statement", if you want, about Ireland's abhorrence of abortion, had the exact opposite effect that was intended. Anyone who is pro-life and has the slightest shred of consistency and dignity in what they believe, would recognise that the eighth must be repealed in order to bring about full criminalisation of abortion and restore the "value statement" that was first mooted in the 1980s. To fight against repeal while claiming to be pro-life is speaking out of both sides of one's mouth. The 8th amendment is an affront to both pro-life and pro-choice points of view. That in itself is quite a feat, and illustrates just how poorly and hastily crafted the amendment was.
nozzferrahhtoo wrote: » No call or reason other than the reason I offered? I am sure I just explained one. Saying there is "no reason" does not magically make my reasons disappear. But while ignoring my reasons, you appear to be arguing a point that is entirely against your own position now. If there is "no call or reason" to apply a right "anywhere in that process" at all........ then on what basis are you against abortion? You have just argued that there is no reason to apply a right to the process.... therefore abortion should not be a problem. At any stage in that process, let alone early stages. At least my position recognizes the rights of sentient entities, which the fetus does become during the fetal process. And as such there is a coherent basis to afford it rights at that time. Including the right to life.
Intothesea wrote: » this rule defines the spirit of the endeavour. It's a value statement, or it has been.
Intothesea wrote: » our human ability to grant value and rights to other living things.