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4 articles
2nd is Irish struggle for abortion rights (1983 - 1992)
3rd is The Censorship of Abortion Information Act, 1995
4th is Freedom of choice
- ******* Abortion: A Woman's Right to Choose **********
from Workers Solidarity No 34
(1992)
Anarchists believe that every woman has the
right to choose an abortion when faced with a
crisis pregnancy irrespective of the reasons for
the abortion. At least 40,000 Irish women have
abortions in England every year at present.
Women worldwide have always sought to control
their fertility through abortion no matter how
difficult it is for them to get access to abortion
and they probably always will. This is because it
is essential for women to be able to control their
own fertility and not to be reduced to the level of
their biological function as child-bearers only if
they are to achieve true equality and liberation.
At present the Irish Constitution with the the Eight
Amendment reduces women to being equal only to a
completely dependent foetus and it tries to condemn women
to become unwilling incubators. To compare an adult
woman or teenage girl with responsibilities, social
relationships, personal plans, and so on to a completely
dependent foetus is unacceptable. The foetus has no
independent existence without the woman and the decision
about an abortion or a continuation of the pregnancy must
be the woman's decision and no one else's.
Women choose to have abortions for all kinds of reasons:
poverty, bad health, too many other children, because of
rape or incest or simply because they do not want to have a
child at that point in their lives. We believe that all these
reasons are valid. Women should not have to answer to
anyone, not the church,not the state or even to doctors for
their decision. This raises the question of abortion on
demand. We oppose any kind of decision making process
involving ethics committees or doctors or other variations
on this. A woman must have the right to abortion on
demand.
The question of free access is a very important one. At
present only those women who can afford both the travel
costs and the operation costs can get an abortion. Abortion
facilities must be made available here in Ireland and they
must be free as all medical services should be.
Censorship of information on abortion is a totally insulting
attack on womens' most basic rights as thinking human
beings to know what all the options are when they are
faced with a crisis pregnancy. To deny women information,
to take books out of libraries, censor magazines containing
telephone numbers, all these actions treat women as
irresponsible children whose moral decisions need to be
policed by small groups of right wing bigots.
The hypocrisy of allowing women to go to England for
abortions is no longer acceptable to many Irish people.
Apart from all other considerations, having to raise the
money for the travel and to go isolated and afraid to
another country adds untold trauma to what should be a
fairly simple medical procedure. Abortion facilities must be
made available in Ireland free and without restricted access.
Anarchists believe that a woman's right to choose also
means the right to choose to have a child and to have
decent housin, child care and welfare facilities available in
order to raise that child in a reasonable way and in order
that her life is not totally given over to child care. At
present with the current housing crisis the almost total
lack of free child care and the lousy welfare payments this is
not a real choice.
We are opposed to all forms of forced fertility control,
whether it is the state imposing limits on the number of
children a woman can have as in China or the denial of
proper contraceptive and abortion facilities as in this
country. The right to choose means the right to choose not
to have a child or to have a child in circumstances where
that means that neither mother nor child suffer materially
or socially for that decision.
Anti-abortionists say that abortion is murder. We reject
this argument. The foetus is a potential life only - it is
not comparable to the life of a person of any age or ability
who interacts socially and functions independently. We
don't deny that abortion takes the life of a potential human
being. The right to choose means that it is the woman's
right to choose whether to bring that potential life to full
term or not given the circumstances of her life. As
anarchists we demand that right and we will be active in
the campaign for abortion rights in this country over the
coming months.
Patricia McCarthy
- ** Irish struggle for abortion rights (1983 - 1992) ***
from Workers Solidarity No 35
(1992)
IN 1983 anti-choice campaigners pushed the government
into holding a referendum on abortion. The Eight
Amendment was then passed by 33% of the electorate (the
turn out was 54.6%). Abortion was already prohibited
under the 1861 Offences Against the Persons Act. The
Eight Amendment copperfastened this ban preventing any
reforming legislation.
SPUC's next step was to take those clinics which
provided non-directive counseling to court. In the
Hamiliton Judgement of 1987 the High Court placed
injunctions on the Well Women Centre and on Open-Line
Counseling prohibiting them from operating non-directive
counseling services. The clinics failed in their appeal
to the Supreme Court.
The ruling by Justice Finlay extended the Hamiliton
interpretation by declaring the imparting of any
information relating to the procurement of abortion to
be unlawful. It was this ruling that was then used to
take the Student Unions to court. The Well Woman Centre
and the Open-Line Counseling service then took their
case to the European Court of Human Rights.
The Defend the Clinics Campaign attempted to get
liberal/left Irish politicians to raise the issue but
many like Emmet Stagg and Micheal D Higgins of the
Labour party refused to give even paper support,
frightened for their D?il seats.
Student Unions
SPUC continued on the offensive, taking the Union of
Students in Ireland (USI), Trinity College and UCD
Student Union to court. SPUC lost the case initially on
very dubious grounds. There was a large amount of
publicity surrounding the case arising from student
demonstrations outside the courts. At the last moment
the Justice that was supposed to hear the case was
replaced by Irelands only female judge, Justice Mella
Carroll.
She ruled that all the evidence against the students was
hearsay and so could not be used. This is in spite of
the fact that the students had widely said in newspapers
and interviews that they would provide abortion
information and had included it in Student Union guide
books. The judgement seemed to be a cop out for the
Irish ruling class who did not want to be seen to be
sending students to jail for contempt of court.
This ruling was appealed by SPUC who won, a temporary
injunction being placed on the Student Unions. The
Students Unions are being brought back to court by SPUC
on July 19th this year in order to have this injunction
made permanent.
The student union campaign took two turns. The
leadership within the Unions toned down the level of
campaigning on the issue, concentrating solely on
appealing to Europe. Those activists that argued that
the law should be publicly broken were told that we
would be jeopardising the case by angering the judges.
In the end the European Court found that the Students
Unions could not give out abortion information.
It is still illegal to give out information on abortion.
Within the individual student unions, many anti-choice
groups held referenda aimed at overturning the Unions'
mandate to distribute information. These anti-choice
groups only succeeded in reversing a pro-information
policy in one of the universities, UCD. However they
were defeated in all but one of the Regional Technical
Colleges. Overall, more students voted for giving out
abortion information than against.
While the Student Union leaders waited for Europe, the
Abortion Information groups in most universities ceased
to exist. Meanwhile the Censorship of Publications Act
was used to ban books and sections of magazines which
contained information on where to get an abortion.
Cosmopolitan and other British magazines now carry a
blank page where ads. for British abortion clinics
should be. Recently the Guardian newspaper was not
distributed because of an advertisement for the Mary
Stopes Clinic.
In 1991 the Trinity College Right to Information Group
held a public meeting in order to launch a Dublin group.
Following from this the Dublin Abortion Information
Campaign (DAIC) began to meet regularly. Initially they
concentrated on defying the ban in in order to draw more
people into the campaign and to provide information.
More public meetings were held to highlight the issue
and information leaflets were distributed in O'Connell
Street.
Dublin County Council voted to remove two health books
from the library which contained abortion information.
Though DAIC attempted to replace the book the issue got
very little coverage. DAIC decided to slow down to one
activity a month in order to try and maintain some
interest over a very bleak period.
On Wednesday February 12th., some of the Irish papers
carried a short piece about an injunction being granted
against a 14 year old alleged rape victim to prevent her
traveling to Britain in order to obtain an abortion.
The case was not yet an issue. DAIC called a picket
for the following Monday and a rally the following
Saturday. Though furious about the case, given the
present climate and the lack of advertising many felt no
more than about 200 would turn up. However 1,000
people ended up marching to the attorney generals
office.
Many of those on the march had not been involved in the
campaigning since the 1983 referendum, and quickly
jostling took place as to who would 'in charge' of any
future campaigns. Secret meetings were called by
separate groups of feminists and liberals. Both groups
wanted to exclude the left as much as possible, when in
fact, it was mainly left wing activists who had being
attempting to keep the issue alive for the last 10
years.
Following the unexpectedly large turn out of the march,
the press and politicians started to speak out about the
case. One grouping held a silent vigil of the D?il.
DAIC realised that the turnout for the Saturday rally
would be big enough for a march. We hoped for 4,000.
It was this march that put the case right on top of the
political agenda. At least 10,000, mainly young people,
marched and chanted 'Right to Choose'. It was
noticeable that there were only five banners present,
indicating that many people had spontaneously come out.
People were angry.
Pressure was kept on by almost continual protests the
following week. The first item on the news was reports
of scuffles at the D?il. The Government was coming
under huge pressure. On ThursdayFebruary 20th. the 14
year old was granted her appeal. The injunction was
lifted and soon after she traveled to Britain in order
to get her abortion.
These days it's not often that you have such a good
example of how far and how quickly public opinion can
change. A delegate from the Cork Abortion Information
Campaign commented at a recent conferences, that before
the "X" case had arisen, the Cork group met to consider
seeking another referendum on abortion information in
University College Cork.
Two years earlier UCC, an extremely conservative
university had voted massively against giving out
information. The Cork group felt they would probably
loose but would attempt it anyhow. Then the 14 year old
case happened, and the UCC referendum was won with over
70% supporting abortion information. A week later,
Manooth, the university of the Irish Catholic Clergy
also overturned their policy and voted to distribute
abortion information.
Similarly, its not often as an socialist involved in
campaigns that you can see how your actions are changing
society for the better. This case is one of the few
exceptions. DAIC consisted of a small group of
activists, perhaps 30 in all. Yet when things started
happening, when the case arose, we were there, ready and
capable of responding. Without DAIC, it is unlikely
that the march would have been organised or that the
protests would have continued for so long. Without that
pressure, its unlikely that the 14 year old would have
been able to travel to Britain.
A section of the feminists called a conference in order
to launch the Repeal the Eight Amendment Campaign.
(R8AC). DAIC affiliated to it. The Conference itself
was jumbled and frustrating. Those calling it had a
fixed agenda and were very hostile to any democratic
attempt to amend it through motions. Many activists
found the actual conference demoralising and
antagonistic. It did however lead to the setting up of
a campaign, weakly based in the cities.
Most of the co-ordinating committee of REAC wanted to
run a media campaigning and set about getting sponsors
and important speakers. They however ran into troubles.
Besides Democratic Left, no other political party would
come near it, expressing caution and wanting to wait and
see.
Many of Ireland's womens organistations also refused to
get involved. Despite efforts the media refused to pick
up on press statements. At the moment the main weakness
of the campaign is that is still attempting to become an
'important' force at the expense of organising viable
local action groups.
REAC needs to stop looking to the politicians and the
media to fight the campaign for us. Stunts and
theatrical events do have a place in a campaign but they
should be a backup to establishing a mass basis on the
ground throughout the 26 counties. REAC has failed to
draw in new forces in Dublin to campaign against
Maastracht.
If we are to put repealing the 8th amendment on the
political agenda we need more then stunts. We need to
involve huge numbers of people through activity in the
unions and the community. We need to construct action
groups based around activities in all areas. This must
become the first priority of the campaign. We forced
the government to overturn the injunction when 10,000
marched in Dublin. We need to get out similar numbers
if we are to have any hope of forcing the government to
hold a referendum scrapping the 8th amendment.
- * The Censorship of Abortion Information Act, 1995 **
from WS 45 (1995)
In the autumn of 1992, the people of Ireland voted
to legalise abortion information. More than two
years later, the government has finally introduced
a Bill to 'regulate' this information. Ray
Cunningham examines it.
Even though an clear majority (60%) voted in favour
of abortion information, the legal position on the
distribution of this information remained confused.
Counselling services and information groups,
fearful of being taken to court, erred on the side
of caution when it came to abortion, and so the
news that a Bill was being introduced was welcomed
in many quarters. At last, the threat of
injunction would be lifted. As the Bill was
published, however, it became clear that it was
more restrictive than many could have imagined.
Conditions
Some of the conditions were expected, and had been
part of Brendan Howlin's widely leaked draft Bill
in 1994. Bans on the advertising of abortion
services, and the distribution of unsolicited
information (eg., through posters and leaflets)
were predictable. Though often covered by other
laws, like the Litter Act, no political party wants
to be seen as 'soft' on abortion, and these bans
gave them some cover from the anti-abortion groups.
The Noonan Bill, however, goes much further.
Doctors will be allowed to give women the addresses
and phone numbers of clinics in Britain, in the
context of counselling, but they will not be able
make an appointment or other arrangement for women
with these clinics. This means that important
medical information may not be directly passed on
from the doctor to the clinic, with possibly
dangerous consequences. This intrusion into the
doctor/patient relationship is backed up with
Garda? powers of search and seizure and criminal
penalties for breaking the law (previously, only a
civil injunction could be used) in case any doctor
is foolish enough to think that the health and
welfare of his/her patients is more important than
Des Hanafin's Catholic morals.
Appeasement
The reasoning behind this legislative doublethink
is very simple - there aren't any votes in
abortion. Politicians know that, apart from the
relatively small groups at opposite ends of the
pro-choice/anti-abortion spectrum, few people
regard it as an important issue. Generally, all
that is required is that they be seen to be
neutral, and they will be praised for their
statesmanlike qualities. In reality, they are far
from neutral. The very publication of this Bill
was seen as a boost for the progressive agenda, but
its draconian measures received very little
coverage.
Noonan is set to further appease right-wing
Catholics. It was pointed out that, outside of
Dublin, there are very few pregnancy counselling
services, but this is to be remedied. With the
only counselling requirement in the Bill being that
abortion is not advocated, funding is likely to be
approved for Cura, a Catholic anti-abortion
counselling service, to train their counsellors and
provide a national service. At least they have
plenty of practice in not advocating abortion!
Democracy?
Noonan shouldn't be singled out, though. All
politicians have become very skilled at not dealing
with things. Not dealing with divorce, not dealing
with contraception, not dealing, in fact, with
anything that might offend those fabled
'grassroots'. It has reached the point where Maire
Geogehan-Quinn is praised for her "courage" in
legalising homosexuality - 5 years after the
European Court ordered it! The wait for abortion
in Ireland will be even longer, at least if we wait
passively for the government to do anything.
Since the 1992 Supreme Court ruling in the 'X' case
that, in certain circumstances, abortion was legal
in Ireland, the political parties have been praying
desperately that everyone will just forget about it
because they know that, on that issue at least,
they can't please everybody - either abortion is
legal, in whatever circumstances, or it isn't -
there is no middle ground to find. Of course, the
fact that in 1992, people voted against rolling
back the Supreme Court judgement, and said that the
threat of suicide was sufficient grounds to have an
abortion, gives us more than an inkling as to the
wishes of the people. Having a government that
respected the wishes of the people, though, is too
crazy a thought to be taken seriously.
- **********************************************
Freedom of choice
IN 1992, the Supreme Court ruled that, in some
circumstances, women were allowed to have an
abortion in Ireland. Yet over 4,000 women a year
still have to travel to England for an abortion.
Again in 1992, we voted to allow freedom of
information about abortion, yet the D?il passes
laws that are extremely restrictive and intrusive,
in defiance of our wishes. Where is our freedom?
Freedom
The Workers Solidarity Movement has always
supported a woman's right to control her own body,
and have campaigned for this right as part of the
pro-choice movement. We believe that control over
one's fertility is an essential part of individual
freedom.
Personal freedom is expressed in other ways - in
asserting your sexuality, heterosexual, bisexual,
lesbian, gay, whatever it may be - in asserting
your culture, when, like that of the Travellers, it
is ghettoised and stigmatised. The freedom to be
your own person, and take pride in yourself, is
often lacking in our society.
Equality
But freedom must have its limits. Freedom to have
sex doesn't mean freedom to rape - the freedom of
one must be balanced by the equal freedom of all.
Nowhere is this balance more obviously lacking than
in economics. Capitalism is based on the freedom
to acquire as much money as possible, but where
there is wealth there is also poverty. The
fortunes of the Smurfits, the Goodmans, the
Bransons, are balanced by the millions that go to
bed hungry each night, the millions more that die
every year as a direct result of poverty.
Even in Ireland, part of the industrialised,
developed West, with the highest rate of economic
growth in the European Union, there is poverty.
How many people sleep rough on the streets of our
cities, how many barely scrape by from week to
week, how many thousands are unemployed? Too many.
Anarchism
Anarchism offers a way forward. Society organised
from below, not from the top down by obscenely rich
industrialists, self-serving politicians, or the
'benevolent' dictatorship of the party. Power
cannot be used against us if we keep it in our own
hands, and use it to create a society based, not on
the freedom to exploit others, nor on a forced
equality that destroys individuality, but on real
freedom, real socialism, real anarchism.