Free Will, Human Rights and Abortion Law in Ireland

Savita Halappanavar: her death has
prompted fierce debate on abortion
legislation in Ireland

The recent tragic case of Savita Halappanavar has re-focused the spotlight in Ireland on our anachronistic abortion laws.  In that case, Ms Halappanavar died from septic shock during a miscarriage, when she was prevented from having a termination despite her having requested on on a number of occasions.  One doctor went so far as to say it was highly likely that she would have survived had she been granted her request for a termination.

Alongside the timeline of these tragic events, the Fine Gael / Labour coalition government on the back of their Programme for Government had agreed to legislate for the X-Case.  In that case, a young girl who had been the victim of rape was deemed to have a right to an abortion if there was "a real and substantial risk" to  her life.  Crucially, that risk included the risk of suicide.  While the government, and the population generally, are of a view that the "real and substantial risk" test was appropriate, the question of suicide was for many a step too far.  Some argued that no one could clinically diagnose such a risk, that it was entirely within the gift of the woman herself to declare such a risk, and therefore such a provision would be wide open to abuse.