seamus wrote: » The thing in the Miss Y case is not so much how horrible it is to consider that she had been "force fed" and incarcerated before being "forced" to give birth. In practically all places with widely available abortion there is an upper gestational limit for a legal abortion. A woman presenting as suicidal and looking for an abortion after this point will be treated differently, but certainly a woman at 24 weeks will not automatically be given an abortion. And most jurisdictions would likely have an ethical debate around it, which would end up in the forced caesarian of the child. That's not really the issue in the Miss Y case though. People presenting as suicidal over an unwanted pregnancy don't appear out of the ether at 24 weeks. If abortion had been available, she could have availed of it at 7 weeks when she discovered she was pregnant. And the whole case wouldn't have happened. Instead a catalogue of misunderstandings and nervous professionals meant it was 17 weeks before she could obtain proper help and have a decision made. And caused a woman to be detained and forced to give birth, in the 21st century.
I'm dubious about whether the amendment could pass. I'd like to think it would and certainly the vibe I get from everyone under 50 is a yes, but so often these things can be won in the scaremongering arguments. The people for whom it's not a big issue but manage to have their opinion swayed by emotive arguments or even plain nonsensical ones, "DeValera would be spinning in his grave".
ProfessorPlum wrote: » So you are saying that some women who attempt to end their own pregnancy in some circumstances may be suffering from mental health issues? We seem to be misunderstanding each other. That's Hardly a revelation, but a long way from the point I was refuting where LittleCuCulann said that women who tried to end their pregnancies by, for example throwing herself down stairs should be 'arrested' under the mental health act. That is clearly nonesence.
ProfessorPlum wrote: » Again, not necessarily the case. Depending on the woman's circumstance, the thinking might be quite rational.
One eyed Jack wrote: » What I'm saying is that if it could be argued that a woman attempts to induce a miscarriage (the "throwing herself down the stairs" presents very limited circumstances), by whatever means could be deemed to be an indication of ill mental health (providing an assessment was carried out and so on, and in the Miss Y case, I'm nearly sure she was assessed as experiencing depression following her ordeal, but not actively suicidal), and in those circumstances, I'm saying that she would fall under the provisions of the mental health act if it could be shown that there was a risk either to her own life, or the life of the unborn. While she wouldn't be arrested for attempting to end her own life. I wonder did LittleCuchullain mean that a woman could be arrested and involuntarily incarcerated in a psychiatric facility for attempting to end the life of the unborn. Quite rational and quite understandable in certain circumstances to you and I and to other people perhaps, but realistically her mental state would be assessed by a panel, likely the same panel that the opinion of two mental health experts were ignored and over-ruled by the consultant who performed a termination by c-section in the Miss Y case.
ProfessorPlum wrote: » Interestingly, in the PP case, the judges did discuss the outcome for the child and as part of the decision did take into account no only the life of the unborn, but also what was in its best interest (in this case not to be supported) which is a step in the right direction, albeit only an opinion. But opinions are how case law is made, so a positive step.
volchitsa wrote: » I'm posting from memory only, but I thought the issue wasn't the child's future health etc, but the fact that the child could not possibly reach viability at all, given the state of the mother's body? If so, then a very, very baby step at best I fear, because still a binary life/no life judgment. Much as I'd like your take on the judgment to be correct.
One eyed Jack wrote: » What I'm saying is that if it could be argued that a woman attempts to induce a miscarriage (the "throwing herself down the stairs" presents very limited circumstances), by whatever means could be deemed to be an indication of ill mental health (providing an assessment was carried out and so on, and in the Miss Y case, I'm nearly sure she was assessed as experiencing depression following her ordeal, but not actively suicidal), and in those circumstances, I'm saying that she would fall under the provisions of the mental health act if it could be shown that there was a risk either to her own life, or the life of the unborn. While she wouldn't be arrested for attempting to end her own life, I wonder did LittleCuchullain mean that a woman could be arrested and involuntarily incarcerated in a psychiatric facility for attempting to end the life of the unborn. Quite rational and quite understandable in certain circumstances to you and I and to other people perhaps, but realistically her mental state would be assessed by a panel, likely the same panel that the opinion of two mental health experts were ignored and over-ruled by the consultant who performed a termination by c-section in the Miss Y case.
ProfessorPlum wrote: » Yes, that was also part of the judgement, but they also took into account the child's best interest. I'm only speaking from memory, but I remember it was cos I know someone who wrote a legal opinion on it for one of the legal journals and we discussed it at the time.
ProfessorPlum wrote: » The 'panel' only comes into play if the woman is suicidal, not if she just wants to end her pregnancy. The two usually have no bearing on each other. I think you're conflating the issue.
volchitsa wrote: » That would really be a laugh wouldn't it, if the wording chosen by pro-life ended up leading to abortion being ever more widely available without a need for a new referendum! (TBH, I wouldn't expect that to be a possibility for years though - a referendum would almost certainly pass long before the judges got their act together!)
volchitsa wrote: » As far as I can see this post (and your general take on the mental health issue here) seems to be entirely speculative. That's not meant as a criticism, I'm just wondering why you think all those things, because many of them go against everything I know about mental health (which is not a great deal) and consent issues (where I'm on rather more solid ground, having done research into human biology at post grad level - but still not an expert).
volchitsa wrote: » I read recently that Germany has a clause in its constitution banning abortion except where necessary etc - and yet abortion exists in Germany. So it seems to be that public opinion and/or government or Supreme Court pragmatism can sometimes lead to what looks like a barrier being reinterpreted in a much broader way. Well, we've seen that with lots of laws I guess, not just on abortion. But it would be interesting to see whether the same thing could ever happen here, i.e. the legal restrictions being loosened due to the "as far as practicable" clause.
One eyed Jack wrote: » Well I'm just wondering about the scope of the mental health act and speculating about a hypothetical scenario where if a woman tried to induce a miscarriage, then if she was assessed by a panel of mental health experts, as in their opinion, experiencing mental health issues which led to her attempting to induce a miscarriage, they could argue that she be involuntarily incarcerated to protect the right to life of the unborn.
One eyed Jack wrote: » I'm also wondering, since you mention consent issues (just looking for your opinion really as I'm not too well up on it myself), about the whole issue of legal consent with regard to people with cognitive disabilities and the wording of the upcoming assisted decision making bill which appears to suggest that if a person is found to lack mental capacity, they can be denied legal capacity to make decisions that they believe are in their best interests, which contravenes the UN convention on the rights of persons with disabilities. For example like the case of the woman in the UK who chose to forego medication because she believed it was harmful to the unborn, she was forcefully incarcerated against her will, forced back on her meds, forced to have a c-section, and the child that was born taken from her.
One eyed Jack wrote: » The way I had always interpreted that was that it meant as far as it was practicable to protect the equal right to life of the unborn, and I would think that rather than the law being loosened to protect the equal right to life of the woman, it could be broadened to push the boundaries of medicine which could lead to more ghoulish scenarios like we saw in the PP case where the unborn was kept alive incubated in a corpse until it could develop to a point where it could be delivered safely. EDIT: I know in the end it the outcome was that the unborn wasn't delivered, but the intent was there is what I mean.
12Phase wrote: » I worry that the current situation is actually going to act as an impediment to investment and recruitment of overseas staff.
Selene Dry Apartment wrote: » I'd imagine the vast majority don't have a clue about our laws nor is it something they even think about. "oh I cant move to Ireland as I cant have an abortion :rolleyes:" Ireland is probably one of the best places in the world to have a child we have very good maternity services and people should be very pleased moving here knowing they will get some of the best care available in the world. If you don't want to move here because you might want to kill your unborn child then frankly you are not the type of person we want here in the first place.
Selene Dry Apartment wrote: » I'd imagine the vast majority don't have a clue about our laws nor is it something they even think about. "oh I cant move to Ireland as I cant have an abortion :rolleyes:"
Ireland is probably one of the best places in the world to have a child we have very good maternity services and people should be very pleased moving here knowing they will get some of the best care available in the world. If you don't want to move here because you might want to kill your unborn child then frankly you are not the type of person we want here in the first place.
Selene Dry Apartment wrote: » Ireland is probably one of the best places in the world to have a child we have very good maternity services and people should be very pleased moving here knowing they will get some of the best care available in the world. If you don't want to move here because you might want to kill your unborn child then frankly you are not the type of person we want here in the first place.
Selene Dry Apartment wrote: » EU (other than Ireland) and non-eu people make up a large number of the people where I work. A lot, particularly in more experienced positions are moving here with family and having kids here. Doesn't appear to be any issue with recruiting here from abroad and I've heard some comment on how great a place Ireland is to have a child and raise a child.
Selene Dry Apartment wrote: » EU (other than Ireland) and non-eu people make up a large number of the people where I work. A lot, particularly in more experienced positions are moving here with family and having kids here. Doesn't appear to be any issue with recruiting here from abroad and I've heard some comment on how great a place Ireland is to have a child and raise a child. I doubt very much anyone even thinks about something like abortions can or cannot happen when moving somewhere. We also have one of the best education systems in the world so again this is a positive for people moving here not a negative.
Selene Dry Apartment wrote: » I doubt very much anyone even thinks about something like abortions can or cannot happen when moving somewhere. We also have one of the best education systems in the world so again this is a positive for people moving here not a negative.
bodice ripper wrote: » Who's we paleface?
anothernight wrote: » I'm actually one of the people who would be discouraged from moving back to Ireland due to the standard of maternity services. I would personally feel nervous about starting a family there as it is at the moment, but my other half (who is Irish) feels more strongly than me about it. Some of my close family and friends are expecting, and to be quite honest their stories aren't a great recommendation for maternity services in Dublin.
lazygal wrote: » The eighth amendment is putting a lot of women in Ireland off having more children here too. Your bodily autonomy and decision making during pregnancy and birth is extremely curtailed due to the fact you're exactly equal to a foetus.
Selene Dry Apartment wrote: » The thing is its Ireland that's right and other places which are wrong. In an ideal world abortion would be banned everywhere (and be considered a serious offence) and it would never have become a thing otherwise rational people would even consider. The majority of women in Ireland have children the lack of abortion is not a problem for the vast majority, in particular as most wouldn't even consider it legal or not.
lazygal wrote: » What would happen if abortion was banned everywhere? Would women die under such a policy?
Selene Dry Apartment wrote: » The thing is its Ireland that's right and other places which are wrong. In an ideal world abortion would be banned everywhere (and be considered a serious offence) and it would never have become a thing otherwise rational people would even consider.
The majority of women in Ireland have children the lack of abortion is not a problem for the vast majority, in particular as most wouldn't even consider it legal or not.