Both the republic of Ireland and Canada are at the extreme end of a continuum on the abortion debate. For one, abortion was illegal in the republic of Ireland before case X gained prominence (BBC News 2008). On the other hand, Canada was opposed to abortion, and only relaxed the ban after the Supreme Court intervened (Gaber & Herizons 1998). Nevertheless, there are political, religious and societal issues that impacts on abortion, for both the republic of Ireland and Canada.
Up until the Supreme Court in Ireland passed judgement to the “X” case in 1992, abortion was an illegal practice in the country. This was in keeping with the 1861 Act against persons’ offences, a law that passed punishment individuals that assist or performs an abortion. (BBC News 2007). Although this was also a common law in many other countries in Europe, it is only the republic of Ireland that was reluctant to have the law repealed. This was the mainly as a result of diehard forces in the country who wanted abortion to remain an illegal practice. Even before the abortion Act had been drafted in 1967, cases of backstreet abortion within the country was not uncommon (BBC News 2008). For example, it has been estimated that between 1926 up to 1974, close to 58 individual were prosecuted for participating in or assisting with the termination of pregnancies (Beckford 2008). Once the abortion bill was enacted though, these abortion prosecution cases reduced.
In 1983, a referendum was held to amend the constitution on the issue of abortion. The thirteenth as well as the constitutional fourteenth amendments allowed Irish women to travel to Britain, where abortion was already legalised. As a result of the constitution amendment, abortion became legalised on several grounds. First, the mother must be faced with a medical condition that is quite life threatening (Kite& Sawer 2008). Secondly, the mother should be at risk of suicide. This is also the case in Northern Ireland. During a 2002 referendum, there were attempts to delete a constitutional clause that sought to have suicide removed as a justification for procuring an abortion. However, this attempt did not succeed.
On the other hand, the historical perspective of Canada on the issue of abortion is one that is both unique and fascinating. Canada, along with a majority of the other nations, sought to criminalize the act of abortion during the later part of the 19th century. By 1869, the act had completely been ruled out by the country’s parliament (Coyne 2008). Available statistics indicates that from 1926 up to 1947, between 4,000 and 6,000 women in Canada are believed to have succumbed to illegal abortions (CBC 2009).
In the 1960s, the average annual abortions in Canada were estimated at over 35,000.
Currently, the annual legal rate of abortion in Canada is estimated at 100,000. Pressure from both the legal and medical fraternities forced the legislators of the country to table a bill that sought to legalise abortion in parliament, a bill that was finally turned into a law by 1969, thereby making abortion a legal practice in Canada for the first time (Gaber & Herizons 1998). Even then, abortion could only be performed in hospitals. This was after permission had been granted to a woman by the abortion therapeutic committee. The committee was made up of three doctors, all appointees of the board to the hospital. By then Dr. Henry Morgentaler, a staunch supporter of abortion, operated in Montréal. He later closed his clinic and started offering abortion services. His abortion clinic would later be raided, and he would be charged with offering illegal abortions. Dr. Morgentaler would later be arrested on several occasions and be charged, but each time, the jury always acquitted him (Gaber & Herizons 1998). He never abandoned his practice of procuring abortions, as he regarded it as safe. It was quite difficult for rural patients who wanted to have an abortion to get permission from the therapeutic committees, since rural hospitals had none. As such, many women who wished to procure abortion were forced to seek help in the cities. Eventually in 1988, the abortion law was abolished by the Canadian Supreme Court (Gaber & Herizons 1998).
This was on grounds that the therapeutic committee on abortion hampered on the constitutional rights of the women, in addition to endangering their health. The decision by the Supreme Court was especially influenced by the efforts of Dr. Morgentaler, who had found favor with the masses.
Politicians have also been active in the abortion debate. For example, in the July of 2008, a group of MPs who are proponents of abortion tabled in parliament a constitution amendment bill that sought to have abortion legalized in Northern Ireland. According to BBC (2008), this bill may not see the light of day, going by media reports that the speaker at the House of Commons could have this proposal rejected. This is on grounds that the MPs had been allocated ample time to debate over the issue during the month of May, 2008. It is the argument of their pro-abortion groups of MPs that all women ought to be given a ‘right’ to procure an abortion.
Another controversy that seems to surround the issue of abortion in the Republic of Ireland is the debate amongst the anti and pro-abortion MPs as to whether or not the upper limit for abortion should remain at 24 weeks, or get reduced to 21 weeks (Kite & Sawer 2008). For the proponents of the reduction of this limit, their argument is that those babies that get born at 24 weeks stand a chance, however slim, of surviving. Recently, a total of 3 ’10-minute rule bills’ (Purdy 2008) presented by pro-abortion legislators have tried overturning the abortion law abolished, to no avail. There is a restrictive law in the Republic of Ireland regarding the issue of abortion. The law provides that prior to the procurement of an abortion is special cases, a woman is required to first consult with two doctors. This is a practice that some MPs feel should be reviewed (BBC News 2008). The MPs argue that by reviewing the practice, other trained professionals in the healthcare may also assist in procuring abortions. In addition, the MPs feel that the law should be extended to Northern Ireland as well. In May of 2008, the MPs turned down an attempt to reducing abortion time limit to 21, down from 24 weeks.
The church too, has also voiced their concern, regarding debate on whether or not to legalize abortion in the Republic of Ireland. For example, a group of senior Roman Catholics want voters to scrutinize their MPs on their stand concerning the abortion debate (Beckford 2008). Pro-life activists groups too have resolved to aim for the legislators who had voted to have abortion legalized (BBC News 2008).
In Canada on the other hand, reports by CBC (2008) Indicates that Rob Bruinooge, an MP for South Winnipeg wishes to reawaken the abortion debate in parliament. Bruinooge heads a clandestine parliamentary caucus of anti-abortion MPs. Cleary this is a sign that even amongst the legislator in Canadian parliament (Gerste 2008), debate on whether or not to legalize abortion still remains rife. The various Christian churches in Canada are especially against the abortion practice in the country, as it is against the teaching of the Christian faith (CBC News 2009).
Christians, in the strongest of terms, are totally opposed to the act of procuring an abortion. Their argument is that God is the giver of life and only he should take it away. Based on the foundation of the Catholic faith, the view of the church in Ireland on the matter of abortion is based on a premise that there is a unique value for very form of human life, and as such, there is a need to accord it respect and dignity (CBC News 2009). Besides, one of the fundamental rights to human life is that it ought to be respected, and what a better way to do this than not to procure an abortion?
From a societal point of view, silence seems to have triumphed over those women from Ireland who have had abortion experiences, as a result of the stigma that surrounds the issue. Since pro-life groups depicts abortion as a form of ‘assassination’, ‘murder’, atrocity’ even (this is a perspective that has also been endorsed by the Church moral superiority), the very act of terminating a pregnancy often tends to get overlooked, both as a social as well as a physical reality for the women (Oaks 2002). There is also the extra apprehension that women are often faced with after terminating a pregnancy. Besides, even by just admitting that they are pro-abortion supporters may still result in similar effect of them being regarded as criminal, murderers, or even social outcasts (The Irish Times 2000). In Canada on the other hand, the people appear divided on the e act of legalizing abortion (CBC 2009). Those against it have stood on a moral and religious ground, while those for it argues that it is worth abortion should be carried out if the life of a mother is at risk.
The international community has also voiced their opinion regarding the abortion laws in Ireland. For example, there have been calls by the international community, not least a committee from the UN to have the abortion laws in Northern Ireland reviewed by way of consulting the public (Purdy 2008). The UN Committee which seeks to eradicate women discrimination practices has noted in one of its most recent reports that the Abortion Act in the Republic of Ireland were never implemented in Northern Ireland.
Furthermore, this report has also noted that as a result of a failure at extending this law, this act had thus far had profound and detrimental consequences on the health of women in Northern Ireland. This is a call that appears to concur with attempts by MPs from Westminster to have the Abortion Act implemented in Northern Ireland as well (Purdy 2008). On the other hand, the political leaders, as well as the various churches in Northern Ireland have thus far emerged as the strongest critics of such a move, on moral grounds. Through this report, the UN Committee prevails on the United Kingdom to revise the laws currently in place, so as to eliminate what the committee terms as “punitive provision” often inflicted upon those women that decide to terminate a pregnancy.
Before 1992, abortion was illegal in the Republic of Ireland. However, the X case report outcome, increased publicity of the law, and a rise in the number of Irish women who sought abortion services in England led to accelerated changes on this policy (BBC 2008). Eventually, constitutional referendum led to the changes of the abortions law, to allow the practice in case a woman is at risk of committing suicide, or their health is endangered by a pregnancy.
On the other hand, Canada had criminalized abortion as early as the 19th century, and only allowed the practice in 1988, when made the Supreme Court abolished the abortion law. In both the Republic of Ireland and Canada, the debate issue has drawn a lot of controversy, ranging from the MPs to the activists groups and the religious community. The issue of ethics has also featured, with those against abortion seeing it as a from of murder, while those for it argue that in case the life of a mother is at risk, it is worth sacrificing the life of the unborn child to save the mother.
References
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