'Empty Without and Empty Within’: The Unworkability of the Eighth Amendment after Savita Halappanavar and Miss Y”

Research output: Contribution to journalArticlepeer-review

Standard

Harvard

APA

Vancouver

Author

Bibtex

@article{a9898d8453544e20b70f9f7909bdf3b1,
title = "'Empty Without and Empty Within{\textquoteright}: The Unworkability of the Eighth Amendment after Savita Halappanavar and Miss Y”",
abstract = "Amendment has been reduced, over the years, to a catalogue of anomalies, unexplained readings, missed opportunities and speculative silences. Although the constitutional text might be applied in a manner that more appropriately recognises women{\textquoteright}s autonomy as well as their rights to health, bodily integrity and privacy, this would require a fundamental shift in the interpretation of Art.40.3.3°, led either by the judiciary or the Oireachtas. This is a highly unlikely prospect owing to a likely reluctance by the judiciary to engage in such activism in the field of abortion jurisprudence, given the political fallout from the X case, probable political resistance to grasping the nettle of abortion law reform and cross-party disagreement on the appropriate legal regime in Ireland. In this sort of instance, constitutional reform by means of a referendum is clearly required. The shape of such reform might be decided following a period of consultation, perhaps by means of a specially-convened constitutional convention. However, before that can happen, we must agree, in principle, that the status quo is unsustainable. The cases of Miss Y and Savita Halappanavar, which frame this article, bring the hardship caused by the Eighth Amendment into stark relief.",
author = "Mairead Enright and {De Londras}, Fiona",
year = "2014",
language = "English",
volume = "20",
pages = "85",
journal = "Medico-Legal Journal of Ireland",
issn = "1393-1792",
publisher = "Thomson Round Hall",
number = "2",

}

RIS

TY - JOUR

T1 - 'Empty Without and Empty Within’

T2 - The Unworkability of the Eighth Amendment after Savita Halappanavar and Miss Y”

AU - Enright, Mairead

AU - De Londras, Fiona

PY - 2014

Y1 - 2014

N2 - Amendment has been reduced, over the years, to a catalogue of anomalies, unexplained readings, missed opportunities and speculative silences. Although the constitutional text might be applied in a manner that more appropriately recognises women’s autonomy as well as their rights to health, bodily integrity and privacy, this would require a fundamental shift in the interpretation of Art.40.3.3°, led either by the judiciary or the Oireachtas. This is a highly unlikely prospect owing to a likely reluctance by the judiciary to engage in such activism in the field of abortion jurisprudence, given the political fallout from the X case, probable political resistance to grasping the nettle of abortion law reform and cross-party disagreement on the appropriate legal regime in Ireland. In this sort of instance, constitutional reform by means of a referendum is clearly required. The shape of such reform might be decided following a period of consultation, perhaps by means of a specially-convened constitutional convention. However, before that can happen, we must agree, in principle, that the status quo is unsustainable. The cases of Miss Y and Savita Halappanavar, which frame this article, bring the hardship caused by the Eighth Amendment into stark relief.

AB - Amendment has been reduced, over the years, to a catalogue of anomalies, unexplained readings, missed opportunities and speculative silences. Although the constitutional text might be applied in a manner that more appropriately recognises women’s autonomy as well as their rights to health, bodily integrity and privacy, this would require a fundamental shift in the interpretation of Art.40.3.3°, led either by the judiciary or the Oireachtas. This is a highly unlikely prospect owing to a likely reluctance by the judiciary to engage in such activism in the field of abortion jurisprudence, given the political fallout from the X case, probable political resistance to grasping the nettle of abortion law reform and cross-party disagreement on the appropriate legal regime in Ireland. In this sort of instance, constitutional reform by means of a referendum is clearly required. The shape of such reform might be decided following a period of consultation, perhaps by means of a specially-convened constitutional convention. However, before that can happen, we must agree, in principle, that the status quo is unsustainable. The cases of Miss Y and Savita Halappanavar, which frame this article, bring the hardship caused by the Eighth Amendment into stark relief.

M3 - Article

VL - 20

SP - 85

JO - Medico-Legal Journal of Ireland

JF - Medico-Legal Journal of Ireland

SN - 1393-1792

IS - 2

ER -