Draft General Scheme of the Protection of Maternal Life Bill 2013

Draft General Scheme of the Protection of Maternal Life Bill 2013

Risk of loss of life from self-destruction

Provide that

1. A person shall not be guilty of an offense under….when a medical procedure referred to in… is carried out by a register medical practitioner

at an appropriate location at which mental health services are also provided and in relation to such mental health services at least one of the psychiatrists referred in this head is employed.

one obstetrician and two psychiatrists have jointly certified that in their reasonable opinion

there is a real and substantial risk of loss of the pregnant woman’s life from self-destruction and this risk can only be averted by medical procedure in the course of which or as a result of which unborn human life is destroyed.

one obstetrician and two psychiatrists have revived the opinion referred to… and certified that they are of the same opinion.

2 At least one of the psychiatrists refereed to in… shall be a perinatal psychiatrist.

Thank you to @curtainqueen for her screen shots which enabled me to type up the draft bill from #vinb.

1+2+1+2= 6.

And after the Minister for Health only on Monday denied that women would have to face 6 drs.

It is unworkable and the College of Psychiatrics of Ireland stated they would not take part in such compulsory assessments.

This is farcical and I can’t see any Dr wanting to put a person who is in such dire mental health through such a process. If you think this is absurd then I urge you to contact your TDs on this issue. The Abortion Rights Campgain have a draft letter you can use which you can find here: http://www.abortionrightscampaign.ie/2013/04/22/suicidal-women-should-have-to-see-no-more-that-two-doctors/

 

IMO branded ‘out of step’ on abortion

IMO branded ‘out of step’ on abortion.

IMO branded ‘out of step’ on abortion
April 19, 2013 By Lloyd Mudiwa Leave a Comment
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Photo by Voisin/Phanie / Rex Features

By Lloyd Mudiwa.

The IMO is ‘out of step’ with the majority in Ireland on abortion rights, a campaign group has claimed.

The Abortion Rights Campaign said it was dismayed at the rejection by the Organisation of general motions at its recent AGM in Killarney supporting the regulation of abortion in line with the X Case, or in the case of fatal foetal abnormalities.

Citing a Paddy Power/Red C opinion poll in January 2013, Sarah Malone of the Abortion Rights Campaign said: “In rejecting motions 38, 39 and 40, the IMO illustrates how far out of step it is with the majority of Irish people, who believe pregnant people should have the right to an abortion in Ireland in cases of fatal foetal abnormalities or in cases of rape or incest.”

Motion 38 called on the IMO to support regulation in relation to the provision of abortion services where there was a “real and substantial risk” to the life of the mother, while motions 39 and 40 sought for the union to call on the Government to legislate for women who become pregnant as a result of a criminal act, that they would be allowed access to legal termination within Ireland.

These motions also called for the provision of abortion services for women who were pregnant with non-viable foetal anomalies who chose to proceed with an abortion.

Janet O’Sullivan, a spokesperson for the Campaign, added: “We commend the work Dr Mary Favier and Dr Mark Murphy of Doctors for Choice are courageously doing, and are disappointed that women living in Ireland who have travelled for an abortion, or who are currently planning to travel, may now feel they cannot be open with their doctors and other healthcare professionals about their reproductive health choices.”

While the IMO declined to respond to the group’s claims, its President Dr Matt Sadlier told RTÉ’s This Week programme after the AGM that the motions passed were just a continuation of the Organisation’s policies passed a number of years ago.

When asked what practical implications passing the motions would have, Dr Sadlier replied: “If we are asked by Government to advise on legislation, then that will inform our position.”

 

The time line of Kicking the X Case Can Further and Further down the road

Again there are more delays in legislating for the X Case, as well as the A, B, C rulings leaving women’s health and lives at risk. The program for Government which the current government of FG and Lab agreed to, states they will legislate for the X case ruling and the two referendum on the X Case Ruling.

5 March 1992: The Supreme Court hands down it’s verdict in the X case.

25 November 1992: The proposed 12th amendment to over throw the X Case ruling is rejected by the Irish people.

8th March 2002: The proposed 25th amendment to cover throw the X Case ruling is rejected by the people.

16 December 2010: The EU Court Of Human Rights hands down it’s judgement in the In the case of A. B. and C. v. Ireland case.

January 2011: Labour leader Eamon Gilmore after the ruling of the European Court of Human Rights and the stern message that Ireland needed to get it’s act together and legislate stated that”Ireland needs legislation to allow abortion in circumstances where the life or health of the mother is at risk.”

13 January 2012: It was announced an expert group would be looking at the EU Human rights court ruling, which included recommendations from the A, B & C cases as well as the X case.

12 February 2012: The 20th year of the X Case judgement and with still there was no movement, The Action on X group held public meetings and started to put pressure on the government to finally legislate.

June 2012: The anti abortion groups had rolled out a well funded campaign and the pressure on politicians to yet again ignore the X Case Ruling, the two referendum and the recommendations of the EU human rights courts ramps up.

11 July 2012: The first pro choice Rally in years is held outside the Dáil.

22 July 2012:THE minister of State Kathleen Lynch has said she believes the Government will have no choice but to legislate for abortion in certain circumstances.

23 July 2012: Gilmore states they will wait for the expert group to report back before moving forward and

29 September 2012: the March for Choice happens in Dublin, bringing pro choice activists out on the streets.

15 November 2012: Gilmore states legal clarity is needed in regards to abortion.

17 November 2012: Enda Kenny states he won’t be rushed on the abortion issue.

18 November 2012: James Reilly has said he believes the Cabinet will make a decision on whether to legislate for the X Case early next year.

27 November 2012: The Expert group finally reports to the cabinet.

28 November 2012: An opposition bill proposing abortion legislation is defeated in the Dáil.

1 December 2012: The red C poll is published stating that the majority of the Irish people want the X Case legislated for and wish for abortion legislation beyond just the risk to the life of a woman.

11 December 2012: Ireland is told to expedite legislation by the EU.

19 December 2012: The Government is to proceed with “legislation with regulations” following the Expert Group report on abortion.

21 December 2012: It is announced that the Health committee will have hearings in the new year.

9, 10 11 January 2013: Over 3 days experts, advocates and clergy speak to the committee for health about the introduction of abortion legislation.

31 January 2013: Mr Reilly said he still hopes to have the legislation passed by the Dáil’s summer recess.

15 February 2013: Enda Kenny repeats that any legislation will be with in the Constitution that is with the remit of the 8th amendment.

2 march 2013: Pro choice groups query the delay in bring forward legislation.

4 March 2013: The evening before the 12 years of the anniversary of the verdict of the X case, protester hold a rally at Dublin Castle were the EU ministers for Health are meeting.

5 April 2013: The Master of the Rotunda Hospital calls for legal clarity.

17 April 2013: X Case legislation delayed again, may not be en acted by the summer recess.

How much long must the lives and health of women be at risk in Ireland?

 

Statement from Galway ProChoice: Savita inquest proves urgent need for legislative change.

Back in October I linked to the Statement from Galways Prochoice as the news about Savita broke and a statement explaining how they had been approached initially by Savita#s friends now they have a follow up.

For Immediate Release:

Savita inquest proves urgent need for legislative change.

The media reports from Savita’s inquest this week have shocked and saddened many across the country. Hearing the different accounts of how and why Savita died brings home more than ever the urgent need for legal clarity and compassion in cases where a pregnant woman’s health is at risk.

The strength and bravery of Praveen Halapannavar throughout the investigative process have been remarkable. Despite aggressive cross-examination, Praveen’s account of Savita’s final days has been largely vindicated. Savita was denied a termination when she requested one, and this was at least partly because of the legal ban on abortion in Ireland. System failures have been acknowledged, and a midwife in the inquest was brave to admit the truth: that Savita was indeed told that ‘Ireland is a Catholic country’ in an attempt to explain this decision to withhold treatment.

It has been clearly revealed this week that Ireland’s ban on abortion was a leading factor in Savita not receiving the care that she required. Dr. Astbury, the consultant managing Savita’s case, confirmed that termination of pregnancy would have been the intended treatment for Savita’s condition. However, she was forced to deal with a ‘balance of probabilities’ – delaying treatment against her patient’s wishes as Savita got progressively more unwell. It was only after consulting with other senior colleagues after Savita’s health rapidly declined did she feel in a position to provide a termination. However by then it was too late and Savita was moved to ICU with severe sepsis.

This case highlights that a ‘real and substantial risk to the life’ of a woman can develop within a matter of hours. In cases such as these, how can doctors efficiently interpret this law and what constitutes a substantial risk? 40%? 60%? How long must doctors really be expected to wait and consult before providing life saving terminations? The law here in Ireland simply does not protect doctors, or the women living here.

The inquest this week has also revealed some of the system failures at UCHG in Savita’s care. Medical staff failed to follow up the results of a blood test taken on her admission to the hospital, and her vital signs were not monitored closely enough. It was also revealed that there was a delay in sending the blood cultures to the lab for testing and one test for lactate was refused as it was in the wrong bottle. This refusal was not communicated to the ward. Nonetheless, the ban on abortion in Ireland was a crucial cause for delay in what has been revealed this week would have actually been the intended treatment for her condition.

Legislative change is urgently needed to prevent more unnecessary deaths.

Rachel Donnelly of Galway Pro Choice said:

“Dr. Katherine Astbury, Savita’s obstetrician, made clear at the inquest this week that she felt constrained by Irish law from acting to protect Savita’s health. This situation can no longer continue. We must have X Case legislation by the summer, and then we must have a referendum to remove Article 40.3.3 from the Irish Constitution as soon as possible.”

Orlaith Reidy of Galway Pro Choice stated:

“Savita’s case proves beyond any doubt that the lives and the health of women in Ireland are being endangered by the constitutional ban on abortion. This is not about scapegoating individual medical personnel. No doctor should feel that for legal reasons they have to wait until their patient is at death’s door before administering treatment. We need a referendum now to remove the 8th Amendment from our constitution and ensure that no woman ever again has to go through what Savita did.”

For more information please contact Galway Pro Choice:

Tel.: 087 706 0715

Email: prochoicegalway@gmail.com

 

Nevada Lawmaker Receives Death Threats After Talking About Her Abortion

pNevada, which has one of the highest rates of unintended teen pregnancy in the nation, is considering updating its abstinence-only education policy to require more comprehensive sexual health instruction in public schools. This week, in a debate over that proposed legislation, Nevada Assemblywomen Lucy Flores (D) testified in favor of the bill, sharing her own story about the consequences of inadequate sex ed — all of her sisters became teenage mothers, and Flores herself decided to have an abortion when she became pregnant at 16.[...]/p

via Nevada Lawmaker Receives Death Threats After Talking About Her Abortion.

There has been a lot of press interest on the topic of abortion in Ireland and journalists of many types wanting to speak to Irish women who have had an abortion, they seem surprised when we don’t come forward to talk to them.

I don’t find it surprising at all, due to the shaming and the stigma and people know your business. I know it’s important but it’s still so very hard to do.

When a woman is brave enough like Lucy Flores gets treated in such a vile manner it makes it even harder.

 

The 8th amendment needs to be repealed for the sake of the health and lives of women.

http://www.irishtimes.com/news/health/savita-halappanavar-death-report-finds-foetus-not-mother-was-main-focus-1.1345890

The Health Service Executive report on the death last year at Galway University Hospital of Savita Halappanavar has found there was an overemphasis by hospital staff on the welfare of Ms Halappanavar’s unviable foetus and an underemphasis on her deteriorating health.

The final draft report says: “The investigating team considers there was an apparent overemphasis on the need not to intervene until the foetal heart stopped, together with an underemphasis on the need to focus an appropriate attention on monitoring for and managing the risk of infection and sepsis in the mother.”

Miscarriage management in this country is based on catholic dogma, which was wedged into our constitution in 1983. If a woman is miscarrying and it is unavoidable and the fetus will not survive, they do not intervene if there is a fetal heartbeat, unless the life of the woman is in imminent danger.

Never mind her physical, mental or emotional heath. She will be left to miscarry (often with out pain relief which may effect the dying fetus and be said to hasten the miscarriage) until her life is at risk or the fetal heart beat stops. In other countries once it is found that the miscarriage is un avoidable and the fetus will not survive women are offered to have the pregnancy ended rather then put them at further risk to their health.

If we had the same model if miscarriage management as other western countries, no woman would be left to suffer and miscarry in such a cruel fashion. X Case legislation will not deal with the risks to the health of women only risk to the life of women in the cases of suicide. The 8th amendment needs to be repealed for the sake of the health and lives of women.

 

Police launch probe after 100 women admit taking or buying abortion pills

Police launch probe after 100 women admit taking or buying abortion pills.

The PSNI said it is examining the open letter, signed by more than 100 people, which was published by Alliance for Choice.

The signatories provided their name and location for the document – which lists people who have taken the abortion pill or helped women here to procure it.

The 1861 Offences against the Person Act, which carries a life sentence, makes it illegal to procure drugs to cause an abortion.

Abortion is currently illegal in Northern Ireland unless a woman’s life is at risk or there is a risk of permanent and serious damage to her health.

A PSNI spokeswoman on Sunday confirmed that police are “assessing” the contents of the letter.

 

The Brave 100 and counting…

Sunday the 10th of March the news broke that 100 people had put their names to a letter stating they had broken the law in Northen Ireland, either by getting and taking abortion pills or assisting in a woman getting them.

100 Northern Irish women admit the use of abortion drugs in open letter: guardian.co.uk/world/2013/mar…—
AllianceforChoice (@Alliance4Choice) March 10, 2013

So far the Crown prosecution has seemed reluctant to pursue such cases and to not bring the law under public scrutiny but with the moves made last week to make it illegal for the Marie Stopes clinic or indeed any private clinic to offer abortions in the 6 counties, this wonderful action has happened.

This tactic of people coming forward has happened before in other countries were it was illegal to have an abortion. It happened first in France Le Nouvel Observateur on April 5, 1971 published the Manifesto of the 343 (as 343 women signed it), which was written by Simone de Beauvoir and stated.

One million women in France have an abortion every year.
Condemned to secrecy, they have them in dangerous conditions when this procedure, performed under medical supervision, is one of the simplest.
These women are veiled in silence.
I declare that I am one of them. I have had an abortion.
Just as we demand free access to birth control, we demand the freedom to have an abortion.

Two months later Stern Magazine which was based in Hamburg in what was then in West Germany ran it’s cover with images of women and the title on the front page was “Wir haben abgetrieben” “We have aborted” it had the stories of 374 women.

A year later in 1972 the first issue of Ms. magazine carried an “We Have Had Abortions,” statement signed by 50 women, who asked for people to join them in
a “campaign for honesty and freedom”.

And finally 40 years later we have a statement from women who live on the Island of Ireland stating they have broke the law and had an abortion and those who have helped them do it.

Names are still being added

Names still being added to open letter. If you live in NI and want to sign please get in touch.—
AllianceforChoice (@Alliance4Choice) March 11, 2013

We salute these brave men and women who may face legal sanctions, but who have decided to come forward and end their silence to help break the taboo and normalise abortion in the North of Ireland and to call for services needed by women.

 

21 years of Delay, the ActiononX Rally

 

Monday night saw the ActiononX rally, timed to coincide with the meeting of the EU Ministers for health, in Dublin Castle. It was also the 21st year of the handing down of the X Case ruling which is still not legislated for.

 

 

Damned if you do, damned if you don’t.

This appeared in my social media feeds over the last week, I’ve tried to track down who’s work it is, as it is a wonderful piece. If you know, do let me know.

It succinctly makes the point about single mother’s which I mentioned in my piece about The Snapper and Ireland’s attitudes to “unmarried mothers” and unplanned pregnancy..