The Constitution of Ireland is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the tradition of liberal democracy. It guarantees certain fundamental rights, along with a popularly elected non-executive president, a bicameral parliament, a separation of powers and judicial review.
Abortion in Ireland is regulated by the Health Act 2018. Abortion is permitted in Ireland during the first twelve weeks of pregnancy, and later in cases where the pregnant woman's life or health is at risk, or in the cases of a fatal foetal abnormality. Abortion services commenced on 1 January 2019, following its legalisation by the aforementioned Act, which became law on 20 December 2018. Previously, the 8th Constitutional Amendment had given the life of the unborn foetus the same value as that of its mother, but the 36th constitutional amendment, approved by referendum in May 2018, replaced this with a clause permitting the Oireachtas (parliament) to legislate for the termination of pregnancies.
The Eighth Amendment of the Constitution Act 1983 was an amendment to the Constitution of Ireland which inserted a subsection recognising "the equal right to life of the pregnant woman and the unborn". Abortion had been subject to criminal penalty in Ireland since at least 1861; the amendment ensured that legislation or judicial interpretation would be restricted to allowing abortion in circumstances where the life of a pregnant woman was at risk. It was approved by referendum on 7 September 1983 and signed into law on 7 October 1983. In 2018, it was repealed by referendum.
The Twenty-sixth Amendment of the Constitution Act 2002 is an amendment of the Constitution of Ireland which permitted the state to ratify the Treaty of Nice. It was approved by referendum on 19 October 2002 and signed into law on 7 November of the same year. The amendment followed a previous failed attempt to approve the Nice Treaty which was rejected in the first Nice referendum held in 2001.
Amendments to the Constitution of Ireland are only possible by way of referendum. A proposal to amend the Constitution of Ireland must first be passed as a bill by both Houses of the Oireachtas (parliament), then submitted to a referendum, and finally signed into law by the President of Ireland. Since the constitution entered into force on 29 December 1937, there have been 32 amendments to the constitution.
Attorney General v X, [1992] IESC 1; [1992] 1 IR 1, was a landmark Irish Supreme Court case which established the right of Irish women to an abortion if a pregnant woman's life was at risk because of pregnancy, including the risk of suicide.
The Fourteenth Amendment of the Constitution Act 1992 is an amendment to the Constitution of Ireland which specified that the protection of the right to life of the unborn did not limit the right to distribute information about services in foreign countries. It was one of three referendums on abortion held on 25 November 1992. It was approved and signed into law on 23 December of the same year.
The Human Life Amendment is the name of multiple proposals to amend the United States Constitution that would have the effect of overturning the Supreme Court 1973 decision Roe v. Wade, which ruled that prohibitions against abortion were unconstitutional. All of these amendment proposals seek to overturn Roe v. Wade, but most of them go further by forbidding both Congress and the states from legalizing abortion. Some of the proposals define human life as beginning with conception or fertilization.
The Thirteenth Amendment of the Constitution Act 1992 is an amendment to the Constitution of Ireland which specified that the protection of the right to life of the unborn does not limit freedom of travel in and out of the state. It was one of three referendums on abortion held on 25 November 1992. It was approved and signed into law on 23 December of the same year.
In re Article 26 and the Regulation of Information Bill 1995 [1995] 1 IR 1 was a decision of the Supreme Court of Ireland after a referral by President Mary Robinson under Article 26 of the Constitution of Ireland. This is a procedure whereby the constitutionality of a bill is considered by the Supreme Court before it is signed into law, similar to the concept of a facial challenge in the United States. If the Court finds that it is constitutional, it may not later be challenged after its enactment.
The Twelfth Amendment of the Constitution Bill 1992 was a rejected proposal to amend the Constitution of Ireland to exclude the risk of suicide as sufficient reason to legally allow an abortion. It was one of three referendums on abortion held on 25 November 1992, the date of the 1992 general election. The Thirteenth and Fourteenth Amendments were approved. As these could not be renamed, there has been no enacted Twelfth Amendment of the Constitution.
The Twenty-fifth Amendment of the Constitution Bill 2001 was a proposed amendment to the Constitution of Ireland to tighten the constitutional ban on abortion. It would have removed the threat of suicide as a grounds for legal abortion in the state, as well as introducing new penalties for anyone performing an abortion, by giving constitutional status to legislation proposed to be enacted after the amendment. It was narrowly rejected in a referendum held on 6 March 2002, with 50.4% against.
Feminism has played a major role in shaping the legal and social position of women in present-day Ireland. The role of women has been influenced by numerous legal changes in the second part of the 20th century, especially in the 1970s.
The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly depending on the laws of each state or other jurisdiction. Some states prohibit abortion at all stages of pregnancy with few exceptions, others permit it up to a certain point in a woman's pregnancy, while others allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counselling requirements.
Pro Life Campaign (PLC) is an Irish anti-abortion advocacy organisation. Its primary spokesperson is Cora Sherlock. It is a non-denominational organisation which promotes anti-abortion views, and opposes abortion in all circumstances, including cases of rape and incest.
The Thirty-first Amendment of the Constitution (Children) Act 2012 amended the Constitution of Ireland by inserting clauses relating to children's rights and the right and duty of the state to take child protection measures. It was passed by both Houses of the Oireachtas (parliament) on 10 October 2012, and approved at a referendum on 10 November 2012, by 58% of voters on a turnout of 33.5%. Its enactment was delayed by a High Court case challenging the conduct of the referendum. The High Court's rejection of the challenge was confirmed by the Supreme Court on 24 April 2015. It was signed into law by the President on 28 April 2015.
The Protection of Life During Pregnancy Act 2013 was an Act of the Oireachtas which, until 2018, defined the circumstances and processes within which abortion in Ireland could be legally performed. The act gave effect in statutory law to the terms of the Constitution as interpreted by the Supreme Court in the 1992 judgment Attorney General v. X. That judgment allowed for abortion where pregnancy endangers a woman's life, including through a risk of suicide. The provisions relating to suicide had been the most contentious part of the bill. Having passed both Houses of the Oireachtas in July 2013, it was signed into law on 30 July by Michael D. Higgins, the President of Ireland, and commenced on 1 January 2014. The 2013 Act was repealed by the Health Act 2018, which commenced on 1 January 2019.
The Thirty-sixth Amendment of the Constitution of Ireland is an amendment to the Constitution of Ireland which permits the Oireachtas to legislate for abortion. The constitution had previously prohibited abortion unless there was a serious risk to the life of the mother.
Irish abortion referendum can refer to any of several referendums regarding Irish legislation:
Irish abortion referendum 1992 can refer to any of three abortion amendments put to referendum that year:
