The Unborn Child, Article 40.3.3 and Abortion in Ireland: Twenty-Five Years of Protection? »

The year 2008 marks the 25th anniversary of Article 40.3.3 in the Irish Constitution. This book considers the impact and effect of this provision which protects the right to life of the unborn at a constitutional level. No other provision of the Constitution has provided as much controversy or impact as Article 40.3.3, and the contributors to this volume offer insights on it from a multiplicity of fields, including medicine, politics, philosophy, sociology and law. Further, while traditionally any analysis of Article 40.3.3 generally focuses on the question of abortion, this book assesses the potential impact of the provision from a much broader perspective, including reproductive rights, foetal protection and artificial reproduction: generally asking what obligations the State is under to protect unborn life and the mother of that life, while always asking whether this 25-year-old provision is appropriate in a twenty-first century Ireland. Ultimately, this comprehensive volume offers a timely and vital analysis of the impact and development of this internationally unique provision.

Foreword The Honourable Mrs Justice Catherine McGuinness ix

Preface xiii

About the Contributors xvii

Introduction Jennifer Schweppe 1

Part One The Politics of Article 40.3.3

1 From Anti-Amendment Campaigns to Demanding Reproductive Justice: The Changing Landscape of Abortion Rights Activism in Ireland, 1983-2008 Dr Sandra McAvoy 15

2 From Rights to Compassion: The D Case and Contemporary Abortion Politics Dr Lisa Smyth 47

3 "I Don't Want to Get into This, It's Too Controversial"- How Irish Women Politicians Conceptualise the Abortion Debate Morgan Healey 65

Part Two The Maternal-Foetal Conflict

4 Foetal Personhood in Comparative Perspective Dr Neville Cox 89

5 Pregnancy and Unwanted Third Party Interference: A Woman's Rights Dr Eimear Spain 113

6 Maternal Consumption of Drugs and Alcohol in Pregnancy: A Child Protection Concern Liam Curran 129

7 To Intervene or Not to Intervene? Legal Issues in the Mother-Unborn Child Relationship Dr Gerard Casey 161

Part Three Article 40.3.3 and the Law

8 Article 40.3.3 of the Constitution: Respecting the Dignity and Equal Worth of Human Beings Prof William Binchy 189

9 Abortion Law: Rights Discourse, Dissent and Reproductive Autonomy Dr Siobhan Mullally 213

10 The State of Abortion Law in Northern Ireland Dr Karen Brennan 247

11 The Statute Law on Abortion in Ireland Dr Peter Morriss 277

Part Four Reproduction, Medicine, Health and Ethics

12 Article 40.3.3 and Assisted Human Reproduction in Ireland Dr Deirdre Madden 303

13 Reproductive Justice and Article 40.3.3 Dr Ruth Fletcher 319

14 "A Constitutionally Permissible Abortion?" The Right to Travel, the Role of the Medical Profession andthe Duty of the HSE Jennifer Schweppe 349

15 Psychological Effects of Abortion and Informed Consent Prof Patricia Casey 371

Index 397