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".
seamus wrote: » The Eighth Amendment forced the Irish State to legalise abortion for the first time in its history.
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.
The 8th was supposed to a permanent constitutional protection against any future Government legalising abortion.
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.
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: » 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.
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: » 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.
kylith wrote: » Life threatening, yes, but not health threatening. This means that women can be denied medical treatment until they are progressed enough that their illness is killing them. Take a look at one of the women in your life. Would you be ok with telling her that if she were diagnosed with cancer during pregnancy you would deny her treatment until it becomes terminal?
drkpower wrote: » Kylith, where do you get the idea that i in any way am sympathetic to law as it currently stands; i am not. I fully support removal of the 8th as currently constituted and the Oirechtas commitee reccomendations. There is a disturbing narrative and mood out there i am sensing (and this isn't necessarily aimed at you) where if anyone counters any aspect of the pro-choice narrative, even if it is just to introduce facts to the picture, you are considered to be on the 'other side', regardless of what your actual views are. It is eerily similar to the type of reaction people get when they try and introduce any context to discussions around sexual harrassment allegations, or other hot topic issues of the moment. The ironic tragedy of it is that this is what happened to those who in 1983 and later who sought to raise genuine concerns about the 8th. They were shouted down and pilloried by the mass consensus.
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Mr Thawley had googled ectopic pregnancy and had seen it could be treated with certain medicine, but counsel said he was told because the foetal sac had a heartbeat the only option was surgery.
volchitsa wrote: » I get the feeling that the problem in Irish maternity care is that it isn't geared up to allowing patients to consent (or withhold consent) so instead of advising couples as to what the doctors think is best and then letting the couple choose, Irish hospitals still seem to take the authoritarian route of "this is what's going to happen", and in some cases threaten to call the guards of the woman is reluctant.
drkpower wrote: » But, and this is the TL;DR bit, to say that docs/midwives simply tell patients what's going to happen and don't seek consent is nonsense. Consent is Medicine 101; not seeking it can get you sued and struck off. Every doc and midwife knows that, and to suggest that they are utterly cavalier with the issue is obviously a misperception.
drkpower wrote: » The underlined is not accurate, but in fairness to you, it is a (mis)perception held by many, so its worth exploring it a little. The misperception applies across medicine, but seems to be more keenly felt in the maternity context. These are a few reasons for it: - there is more choice in routine/elective maternity care; if you have a medical/surgical illness, there is of course choice, but often there is one really good choice (yep, take my appendix out doc) and other bad ones (ah, sure ill take my chances.....); in maternity care there are far more areas of the process where multiple choices are available and there is usually a long time to think about various antenatal options, birth plans etc. Understandably then, people make those choices, and then understandably become very invested them. Those choices often define what the childbirth experience will be. - the 'problem' with that is that when something goes 'wrong', the time to consider new choices is usually very limited. And the consequences of the choice are very very significant for mother and baby. Communications are strained between the doc/midwife trying on the one hand to communicate significant risks in an often complex clinical situation, while trying not to freak mum out, as there is a clinical imperative in having a relatively calm labouring mum (and dad!). On the other side of the bed, mum is already reeling from the shock that 'there might be something wrong' and is understandably annoyed that the birth plan in which she had emotionally invested is being torn up before her eyes. She is being told complex clinical information, and told of life/health threatening consequences for herself and her baby. All this and she has already been in labour for 5 hours. - All this, and in many cases the decision needs to be made in small time windows, in extreme cases minutes. - So so when the doc/midwife communicates a choice in that context, it is completely understandable that often that is not perceived as a choice, but as being told what to do. Now, i would be the first to agree that many docs/midwives could be better at communications; it is a crucial area of practice which traditionally at least is not part of standard training for docs/midwives; im sure that has changed but i suspect it doesnt get the priority it should for professions where you spend 75% of your day communicating often difficult issues to patients.But, and this is the TL;DR bit, to say that docs/midwives simply tell patients what's going to happen and don't seek consent is nonsense. Consent is Medicine 101; not seeking it can get you sued and struck off. Every doc and midwife knows that, and to suggest that they are utterly cavalier with the issue is obviously a misperception. The bit in bold is just utter nonsense.
Whilst a case with a formal judgement such as this is unusual, AIMS Ireland are aware of many cases in which heavily pregnant women have been threatened “with the guards coming to get them” if they don’t turn up for their scheduled induction. In fact a cohort of women reported such statements are regular commentary at antenatal classes at one particular hospital. AIMSI can also confirm that there are other women who felt they had no other option than to be coerced into a section they did not freely consent to.The fear of being taken to the High Court and being sedated for forced obstetric procedures is usually enough to ensure that women comply with whatever the HCP may be suggesting whether it is evidenced based or not. AIMS Ireland are aware of these situations in a variety of settings and geographic locations. It is not limited to large tertiary referral hospitals or to smaller units. It is endemic and a result of article 40. 3. 3 which informs the HSE National Consent Policy, enabling High Court Actions to be taken against pregnant women who exercise their right to informed refusal of medical treatment. The ruling makes clear that the 8th amendment can be, and is used against women in continued pregnancy and birth. It finds in this particular instance that the threat to the baby’s life is not great enough to warrant forcibly sedating and sectioning a woman, but it gives us no examples of when that threat might be great enough. This leaves the door open to the HSE to continue to interpret this “risk” as they please. It enables women to be forced into processes and procedures such as CEFM (Continuous Electronic Fetal Monitoring) which the evidence base acknowledges does not improve outcomes for mothers or babies.
CarlosHarpic wrote: » Sadly it is probably the worst time in history for this vote. Won't pass.
mariaalice wrote: » The only solution for midwives and those supporting women in giving birth, is to learn off a script so there can be no room for interpenetration of what their saying and after that body language coaches so there is no room for interpretation of their body language not sure how exactly their though processes could be policed for interpretation though. That is a joke and slightly tongue in cheek. Of course there are people who are terrible at their jobs and should be sent for retraining, but the vast majority are kind respectful and good at what they do.
Da Boss wrote: » Another issue is the fact it will lead to increased recklessness in bed
Da Boss wrote: » Abortion is not the solution to any issue
Da Boss wrote: » Abortion will lead to a “designer-baby” culture, where babies with disabilities such as Down syndrome or abnormalities will be indiscriminately aborted , denied their only life.
Da Boss wrote: » Another issue is the fact it will lead to increased recklessness in bed and more “accidents“
Da Boss wrote: » Abortion is not the solution to any issue, other solutions are available, abortion shouldn’t be the “solution “ to the problem, as abortion isn’t a “solution “ .
Da Boss wrote: » Abortion involves killing and ending the life of another, that’s no solution, I’ll tell u what it is , is morally wrong and is indefensible and inexcusable like murder or similar crimes.
Da Boss wrote: » Another issue is the fact it will lead to increased recklessness in bed and more “accidents “( I hate using that word) which will end up to increased abortions taking place. So yes, it is very clear to me abortion cannot and should not be allowed in a civilized society like Ireland, As abortion is a barbaric practice