Eighth Amendment of the Constitution of Ireland
   HOME

TheInfoList



OR:

The Eighth Amendment of the Constitution Act 1983 was an
amendment An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. They ...
to the
Constitution of Ireland The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democra ...
which inserted a subsection recognising the equal right to life of the pregnant woman and the unborn.
Abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
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 In 2018, it was repealed by referendum.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 amendment was adopted during the
Fine Gael Fine Gael (, ; English: "Family (or Tribe) of the Irish") is a liberal-conservative and Christian-democratic political party in Ireland. Fine Gael is currently the third-largest party in the Republic of Ireland in terms of members of Dáil à ...
– Labour Party
coalition government A coalition government is a form of government in which political parties cooperate to form a government. The usual reason for such an arrangement is that no single party has achieved an absolute majority after an election, an atypical outcome in ...
led by Garret FitzGerald, but was drafted and first suggested by the previous
Fianna Fáil Fianna Fáil (, ; meaning 'Soldiers of Destiny' or 'Warriors of Fál'), officially Fianna Fáil â€“ The Republican Party ( ga, audio=ga-Fianna Fáil.ogg, Fianna Fáil â€“ An Páirtí Poblachtánach), is a conservative and Christian- ...
government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
of
Charles Haughey Charles James Haughey (; 16 September 1925 – 13 June 2006) was an Irish Fianna Fáil politician who served as Taoiseach on three occasions – 1979 to 1981, March to December 1982 and 1987 to 1992. He was also Minister for the Gaeltacht from ...
. The amendment was supported by Fianna Fáil and some of Fine Gael, and was opposed by the political left. Most of those opposed to the amendment insisted that they were not in favour of legalising abortion. The
Catholic hierarchy The hierarchy of the Catholic Church consists of its bishops, priests, and deacons. In the ecclesiological sense of the term, "hierarchy" strictly means the "holy ordering" of the Church, the Body of Christ, so to respect the diversity of gift ...
and many lay Catholics supported the amendment, but it was opposed by the authorities of other mainstream churches. After a bitter referendum campaign, the amendment was passed by 67% voting in favour to 33% voting against. In 2018, a referendum was passed, known as the
Thirty-sixth Amendment of the Constitution of Ireland The Thirty-sixth Amendment of the Constitution of Ireland (previously bill no. 29 of 2018) is an amendment to the Constitution of Ireland which permits the Oireachtas to legislate for abortion. The constitution had previously prohibited abortio ...
, which repealed the Eighth Amendment.


Changes to the text

The Amendment inserted a new sub-section after section 3 of Article 40. The resulting Article 40.3.3º read:


Background

As per sections 58 and 59 of the Offences against the Person Act 1861,
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
was already illegal in Ireland. However, anti-abortion campaigners feared the possibility of a judicial ruling in favour of allowing abortion. In ''McGee v. Attorney General'' (1973), the
Supreme Court of Ireland , image = Coat of arms of Ireland.svg , imagesize = 120px , alt = , caption = Coat of Arms of Ireland , image2 = Four Courts, Dublin 2014-09-13.jpg , imagesize2 = , alt2 ...
had ruled against provisions of the Criminal Law Amendment Act 1935 prohibiting the sale and importation of contraception on the grounds that the reference in Article 41 to the "imprescriptable rights, antecedent and superior to all positive law" of the family conferred upon spouses a broad right to privacy in marital affairs. The
Pro-Life Amendment Campaign The Pro-Life Amendment Campaign (PLAC) was an anti-abortion advocacy organisation established in Ireland in 1981. It campaigned in favour of the Eighth Amendment of the Constitution of Ireland, which was approved by referendum on 7 September 1983 ...
(PLAC) was founded in 1981 to campaign against a ruling in Ireland similar to
Roe v. Wade ''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and s ...
. Prior to the 1981 general election, PLAC lobbied the major Irish political parties –
Fianna Fáil Fianna Fáil (, ; meaning 'Soldiers of Destiny' or 'Warriors of Fál'), officially Fianna Fáil â€“ The Republican Party ( ga, audio=ga-Fianna Fáil.ogg, Fianna Fáil â€“ An Páirtí Poblachtánach), is a conservative and Christian- ...
,
Fine Gael Fine Gael (, ; English: "Family (or Tribe) of the Irish") is a liberal-conservative and Christian-democratic political party in Ireland. Fine Gael is currently the third-largest party in the Republic of Ireland in terms of members of Dáil à ...
and the Labour Party – to urge the introduction of a Bill to allow the amendment to the constitution to prevent the Irish Supreme Court so interpreting the constitution as giving a right to abortion. The leaders of the three parties – respectively
Charles Haughey Charles James Haughey (; 16 September 1925 – 13 June 2006) was an Irish Fianna Fáil politician who served as Taoiseach on three occasions – 1979 to 1981, March to December 1982 and 1987 to 1992. He was also Minister for the Gaeltacht from ...
, Garret FitzGerald and
Frank Cluskey Frank Cluskey (8 April 1930 – 7 May 1989) was an Irish Labour Party politician who served as Minister for Trade, Commerce and Tourism from 1982 to 1983, Leader of the Labour Party from 1977 to 1981 and Parliamentary Secretary to the Minist ...
– agreed although there was little consultation with any of their parties' ordinary members. All three parties were in government over the following eighteen months, but it was only in late 1982, just before the collapse of a Fianna Fáil minority government, that a proposed wording for the amendment was produced.


Oireachtas debate

The Eighth Amendment of the Constitution Bill 1982 was introduced on 2 November 1982 by
Minister for Health A health minister is the member of a country's government typically responsible for protecting and promoting public health and providing welfare and other social security services. Some governments have separate ministers for mental health. Coun ...
Michael Woods Michael Woods may refer to: * Michael Woods (Australian politician) (1857–1934), member of the Queensland Legislative Assembly * Michael Woods (comics), American writer/editor of comic books * Michael Woods (cyclist) (born 1986), Canadian cyclist ...
. The bill introduced by the Fianna Fáil minority government proposed to add Article 40.3.3º to the Constitution, with the wording shown above. On 4 November, the
Fianna Fáil Fianna Fáil (, ; meaning 'Soldiers of Destiny' or 'Warriors of Fál'), officially Fianna Fáil â€“ The Republican Party ( ga, audio=ga-Fianna Fáil.ogg, Fianna Fáil â€“ An Páirtí Poblachtánach), is a conservative and Christian- ...
government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
led by
Charles Haughey Charles James Haughey (; 16 September 1925 – 13 June 2006) was an Irish Fianna Fáil politician who served as Taoiseach on three occasions – 1979 to 1981, March to December 1982 and 1987 to 1992. He was also Minister for the Gaeltacht from ...
as Taoiseach lost a motion of confidence in the Dáil, leading to the November 1982 general election. After the election, a
coalition government A coalition government is a form of government in which political parties cooperate to form a government. The usual reason for such an arrangement is that no single party has achieved an absolute majority after an election, an atypical outcome in ...
of
Fine Gael Fine Gael (, ; English: "Family (or Tribe) of the Irish") is a liberal-conservative and Christian-democratic political party in Ireland. Fine Gael is currently the third-largest party in the Republic of Ireland in terms of members of Dáil à ...
and the Labour Party was formed, with Garret FitzGerald as Taoiseach. Minister for Health
Barry Desmond Barry Seán Desmond (born 15 May 1935) is an Irish former Labour Party politician who served as a Member of the European Court of Auditors from 1994 to 2000, Minister for Health from 1982 to 1987, Minister for Social Welfare from 1982 to 198 ...
declined to reintroduce the amendment; instead, it was
Minister for Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Just ...
Michael Noonan who on 2 February moved to restore the Eighth Amendment to the Order Paper.
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
Peter Sutherland Peter Denis Sutherland (25 April 1946 – 7 January 2018) was an Irish businessman, barrister and Fine Gael politician who served as UN Special Representative for International Migration from 2006 to 2017. He was known for serving in a variety ...
advised that the wording as proposed was dangerously flawed. Speaking against the original wording during the Dáil debate
Alan Shatter Alan Joseph Shatter (born 14 February 1951) is an Irish lawyer, author and former Fine Gael politician who served as Minister for Justice and Equality and Minister for Defence from 2011 to 2014. He was a Teachta Dála (TD) for the Dublin Sou ...
argued: To remedy the perceived weaknesses in the original wording of the amendment bill, the government proposed an amendment to the bill during the committee stage with the following alternative wording: This alternative wording was criticised by the opposition for not being "
pro-life Anti-abortion movements, also self-styled as pro-life or abolitionist movements, are involved in the abortion debate advocating against the practice of abortion and its legality. Many anti-abortion movements began as countermovements in respons ...
". Speaking against the alternative wording Michael Woods said: A number of backbench Fine Gael TDs supported the Fianna Fáil wording, and voted against the government amendment, which was defeated by 87 to 65. The majority of Fine Gael TDs then abstained in subsequent votes. The original wording proposed by Fianna Fáil was then approved by 85 votes to 11 votes in the Dáil, and by 14 votes to 6 in the Seanad, and put to a referendum.


Referendum campaign

The referendum was supported by PLAC, Fianna Fáil, some members of Fine Gael, the Catholic hierarchy, and opposed by various groups under the umbrella name of the Anti-Amendment Campaign (AAC), including Labour senator (and future
President of Ireland The president of Ireland ( ga, Uachtarán na hÉireann) is the head of state of Republic of Ireland, Ireland and the supreme commander of the Defence Forces (Ireland), Irish Defence Forces. The president holds office for seven years, and can ...
)
Mary Robinson Mary Therese Winifred Robinson ( ga, Máire Mhic Róibín; ; born 21 May 1944) is an Irish politician who was the 7th president of Ireland, serving from December 1990 to September 1997, the first woman to hold this office. Prior to her electi ...
, feminist campaigners, and trade unions. Few in Fine Gael or Labour campaigned against the referendum, and before the vote, Garret FitzGerald declared that he would vote against it.
Sinn Féin Sinn Féin ( , ; en, " eOurselves") is an Irish republican and democratic socialist political party active throughout both the Republic of Ireland and Northern Ireland. The original Sinn Féin organisation was founded in 1905 by Arthur Gri ...
and the Workers' Party opposed the amendment, and the
Irish Council of Churches The Irish Council of Churches (ICC) (founded 1922, reorganised under its present name 1966) is an ecumenical Christian body. It is a sister organisation of Churches Together in Britain and Ireland. Member churches are currently: * The Antiochian ...
(representing the main Protestant churches) campaigned against it. Anti-Amendment campaigners warned the vague nature of the amendment, the sectarian nature of it, the possible risk to the health treatment to pregnant women, and to the possible legal consequences for contraception, which the Pro-Life Amendment Campaign denied. The Amendment passed on 7 September 1983 endorsed by 67% of those who voted.


Result


Judicial interpretation

In a number of cases, the Supreme Court had held that this provision of the Constitution prohibited information within the state on the availability of abortion services outside of the state. In ''AG (SPUC) v Open Door Counselling Ltd.'' (1988), the courts injunction restraining two counseling agencies from assisting women to travel abroad to obtain abortions or informing them of the methods of communications with such clinics, and in ''SPUC v Grogan'' (1989), the courts granted an injunction restraining three students' unions from distributing information in relation to abortion available outside the state. These rulings were overturned by the Thirteenth Amendment and Fourteenth Amendment in 1992, which explicitly gave people the right to travel abroad for an abortion, and to receive information in Ireland about abortion available abroad. In ''
Attorney General v. X ''Attorney General v X'', 992IESC 1; 9921 IR 1, (more commonly known as the "X Case") 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 pregnanc ...
'' (the X Case) in early 1992, the High Court granted an injunction to the Attorney General restraining a fourteen-year-old girl who had been raped from obtaining an abortion in England. On appeal,
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
found that as the girl had shown a risk of suicide, to safeguard "the equal right to life of the mother" in Article 40.3.3º, abortion was permissible in this instance. The
Pro Life Campaign Pro Life Campaign (PLC) is an Irish Opposition to the legalization of abortion, anti-abortion advocacy group, advocacy organisation. Its primary spokesperson is Cora Sherlock. It is a non-denominational organisation which promotes anti-abortion ...
, a successor to PLAC, accused the Supreme Court of misinterpreting both the law and the will of the people. The Government and former Attorney-General Peter Sutherland dismissed such claims, arguing that, as they had claimed in 1983, the 'Pro-Life Amendment' was so poorly worded and ambiguous that it could facilitate either pro-abortion rights or anti-abortion interpretations in different circumstances. The Amendment was not reinterpreted by the Supreme Court on the grounds originally voiced by Peter Sutherland that it would lead to abortion prior to viability or kill women by refusing standard treatments for ectopic pregnancies, cancerous wombs, etc. There was no medical evidence called during the X case hearings. In '' PP v. HSE'' (2014), the High Court held that the constitution did not require a woman who was medically brain dead to be kept on life support to keep the foetus within her alive, because the chance of the foetus being born alive were "virtually non-existent". It is unclear how the case would have been decided if the pregnancy was further along. In ''HSE v. B.'' (2016), the High Court declined to grant an order sought by the
Health Service Executive The Health Service Executive (HSE) ( ga, Feidhmeannacht na Seirbhíse Sláinte) is the publicly funded healthcare system in Ireland, responsible for the provision of health and personal social services. It came into operation on 1 January 2005 ...
permitting it to carry out a
caesarean section Caesarean section, also known as C-section or caesarean delivery, is the surgical procedure by which one or more babies are delivered through an incision in the mother's abdomen, often performed because vaginal delivery would put the baby or mo ...
against the will of a pregnant mother. In an application for leave seeking judicial review of an order for deportation of a Nigerian man, Humphreys J held for the High Court in August 2016 that leave should be granted, in part on the family rights of the unborn child at the time of the deportation. The state appealed this decision. On 7 March 2018, the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
upheld the High Court and dismissed the state's appeal in a unanimous decision that the Minister is obliged to take into account the fact of pregnancy; however, it reversed other sections of the High Court and ruled the Minister is accordingly not obliged to treat the unborn as having constitutional rights other than the rights contained in Article 40.3.3º.


Later referendums

Three referendums were held in November 1992. The Twelfth Amendment of the Constitution Bill, 1992 sought to exclude "a risk of self-destruction" as grounds for abortion, to overturn the central element of the decision in the X Case. This was rejected by 65% to 35%. The Thirteenth Amendment, permitting travel to obtain abortion in another jurisdiction, was approved by 62% to 38%. The Fourteenth Amendment, permitting information about services in other countries, was approved by 60% to 40%. After these amendments, which became law on 23 December 1992, Article 40.3.3º read, A further referendum which proposed to insert legislation into the Constitution which would permit abortion where there was a threat to life but not where there was a risk of suicide, the
Twenty-fifth Amendment of the Constitution Bill 2001 The Twenty-fifth Amendment of the Constitution (Protection of Human Life in Pregnancy) Bill 2001 (bill no. 48 of 2001) was a proposed amendment to the Constitution of Ireland to tighten the constitutional ban on abortion. It would have removed ...
, was narrowly defeated by 50.4% to 49.6%.


Maastricht protocol

The Treaty on European Union, or the
Maastricht Treaty The Treaty on European Union, commonly known as the Maastricht Treaty, is the foundation treaty of the European Union (EU). Concluded in 1992 between the then-twelve member states of the European Communities, it announced "a new stage in the ...
, was signed on 7 February 1992. To assuage fears that free movement of services would lead to access in Ireland to abortion services, the government secured a protocol to the Treaty protecting the constitutional provision. The Maastricht Treaty was approved in a referendum in June 1992 by 69% to 31%. Following amendments to the
Treaty on European Union The Treaty on European Union (2007) is one of the primary Treaties of the European Union, alongside the Treaty on the Functioning of the European Union (TFEU). The TEU form the basis of EU law, by setting out general principles of the EU's pu ...
affected by the
Lisbon Treaty The Treaty of Lisbon (initially known as the Reform Treaty) is an international agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by the EU member sta ...
in 2009, this provision now reads:


Legislation

The
Protection of Life During Pregnancy Act 2013 The Protection of Life During Pregnancy Act 2013 ( Act No.35 of 2013; previously Bill No.66 of 2013) was an Act of the Oireachtas which, until 2018, defined the circumstances and processes within which abortion in Ireland could be legally perfor ...
replaced the abortion offences in the Offences against the Person Act 1861 and made statutory provision for the limited right to abortion established by the X Case. It replaced the offence of "unlawfully procuring a miscarriage" punishable to life imprisonment with the offence of "destruction of unborn human life", punishable by up to 14 years' imprisonment.


Campaign to Repeal the Eighth Amendment

The Campaign to Repeal the Eighth Amendment has its roots in the unsuccessful Anti-Amendment Campaign in 1983. There was a campaign to Repeal the Eight Amendment after the
X Case ''Attorney General v X'', 992IESC 1; 9921 IR 1, (more commonly known as the "X Case") 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 pregnanc ...
in 1992, and the three abortion referendums which followed it (the
12th 12 (twelve) is the natural number following 11 and preceding 13. Twelve is a superior highly composite number, divisible by 2, 3, 4, and 6. It is the number of years required for an orbital period of Jupiter. It is central to many systems ...
, 13th and 14th). The campaign lay dormant for more than 20 years until the
death of Savita Halappanavar Savita Halappanavar ( Savita Andanappa Yalagi; 9 September 1981 – 28 October 2012) was a dentist of South Asian people in Ireland, Indian origin, living in Ireland, who died from sepsis after her request for an abortion was denied on legal gro ...
in 2012. The
Abortion Rights Campaign The Abortion Rights Campaign (ARC) is an Irish abortion rights group. The group's goal is the introduction of free and legal abortion in Ireland and Northern Ireland. A significant aim prior to May 2018 was the repeal of the Eighth Amendment of ...
was founded in 2012. The #RepealThe8th
hashtag A hashtag is a metadata tag that is prefaced by the hash (also known as pound or octothorpe) sign, ''#''. On social media, hashtags are used on microblogging and photo-sharing services such as Twitter or Instagram as a form of user-generated ...
was started on
Twitter Twitter is an online social media and social networking service owned and operated by American company Twitter, Inc., on which users post and interact with 280-character-long messages known as "tweets". Registered users can post, like, and ...
in 2012. The use of a social media to campaign to #RepealThe8th was an effective way to gain momentum leading up to the 2018 referendum. Twitter is recognised as 'one of the primary tools' for social justice, and in Ireland's case, allowed women to connect for collaborative social change despite the physical distance between them. This campaign is led by a coalition of pro-abortion rights groups, including the Association for Improvements in Maternity Services (AIMS) Ireland, the Coalition to Repeal the Eighth, the
Abortion Rights Campaign The Abortion Rights Campaign (ARC) is an Irish abortion rights group. The group's goal is the introduction of free and legal abortion in Ireland and Northern Ireland. A significant aim prior to May 2018 was the repeal of the Eighth Amendment of ...
, Doctors for Choice, the Termination for Medical Reasons group, etc., and has support from a number of legal academics and members of the medical profession, including the Institute of Obstetricians and Gynaecologists. In the run up to the 2016 general election, a number of parties committed to a referendum to repeal the Eighth Amendment (Labour, Green Party, Social Democrats, Sinn Féin and Workers' Party) as well as a group of feminist law academics published model legislation to show what a post-Eighth Amendment abortion law could look like. In June 2016,
Minister for Health A health minister is the member of a country's government typically responsible for protecting and promoting public health and providing welfare and other social security services. Some governments have separate ministers for mental health. Coun ...
Simon Harris Simon Harris (born 17 October 1986) is an Irish politician who has served as Taoiseach and leader of Fine Gael since 2024. A TD for the Wicklow constituency since 2011, he has served as a minister in the government of Ireland since 2016 and f ...
stated his support for a referendum on repealing the 8th. On 27 July 2016, the government appointed
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
judge
Mary Laffoy Mary Eleanor Laffoy, SC (born 17 June 1945) is a retired Irish judge who is currently President of the Law Reform Commission. She previously served as a Judge of the Supreme Court from 2013 to 2017, and a Judge of the High Court from 1995 to ...
as chair of a
Citizens' Assembly A citizens' assembly (also known as citizens' jury or citizens' panel or people's jury or policy jury or citizens' initiative review or consensus conference or citizens' convention) is a body formed from randomly selected citizens to delibera ...
to consider a number of topics, including the Eighth Amendment. The Assembl
recommended
a referendum to remove and replace the 8th Amendment. In September 2017, th
Oireachtas Committee on the 8th Amendment
began its work considering how to give effect to this recommendation. The 5th Annual March for Choice, organised by the Abortion Rights Campaign, took place in Dublin on Saturday 24 September 2016 marking the Global Day of Action for Access to Safe and Legal Abortion. The theme of the rally was Rise and Repeal. The attendance was estimated to be around 20,000. The 2017 March for Choice attracted 40,000 marchers, according to organisers. On Saturday 21 July 2017, the Rally for Life was organised by prominent anti-abortion groups including the Life Institute, Youth Defence, and the Northern Ireland group Precious Life, in opposition to the campaign. A march held on 10 March 2018 at Merrion Square was estimated to have had a turnout of 15,000, although organisers claim up to 100,000 attended. On 14 June 2017, the Taoiseach
Leo Varadkar Leo Eric Varadkar ( ; born 18 January 1979) is an Irish politician who has served as Taoiseach since December 2022, and previously from 2017 to 2020. He served as Tánaiste and Minister for Enterprise, Trade and Employment from June 2020 to De ...
announced his government's intention to bring forward legislation to facilitate the holding of a referendum on abortion in 2018. On 9 March 2018, debate began in the Dáil on the Thirty-sixth Amendment of the Constitution Bill 2018, which would replace the current provisions on Article 40.3.3º with the following clause: On 25 May 2018, the Irish people voted by 66.4% to remove the Eighth Amendment, choosing to replace it with the above text as a part of the Thirty-sixth Amendment to the Constitution, permitting the
Oireachtas The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the Bicameralism, bicameral parliament of Republic of Ireland, Ireland. The Oireachtas consists of: *The President of Ireland *The bicameralism, two houses of the Oireachtas ...
(parliament) to legislate for the regulation of termination of pregnancy. When it was signed in to law by the
President of Ireland The president of Ireland ( ga, Uachtarán na hÉireann) is the head of state of Republic of Ireland, Ireland and the supreme commander of the Defence Forces (Ireland), Irish Defence Forces. The president holds office for seven years, and can ...
, it superseded the 8th, 13th and 14th amendments. 39 of the 40
Constituencies An electoral district, also known as an election district, legislative district, voting district, constituency, riding, ward, division, or (election) precinct is a subdivision of a larger state (a country, administrative region, or other polity ...
voted in favour, the constituency of
Donegal Donegal may refer to: County Donegal, Ireland * County Donegal, a county in the Republic of Ireland, part of the province of Ulster * Donegal (town), a town in County Donegal in Ulster, Ireland * Donegal Bay, an inlet in the northwest of Ireland b ...
being the only one to vote against.


See also

*
Abortion in the Republic of Ireland Abortion in Ireland is regulated by the Health (Regulation of Termination of Pregnancy) 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 ri ...
*
Contraception in the Republic of Ireland Contraception was illegal in Ireland from 1935 until 1980, when it was legalised with strong restrictions, later loosened. The ban reflected Catholic teachings on sexual morality. History Papal encyclicals The encyclical (1930) followed the i ...
* ''
A, B and C v Ireland ''A, B and C v Ireland'' is a landmark 2010 case of the European Court of Human Rights on the right to privacy under Article 8. The court rejected the argument that article 8 conferred a right to abortion, but found that Ireland had violated ...
'' (2010), a case decided by the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
* ''
Attorney General v. X ''Attorney General v X'', 992IESC 1; 9921 IR 1, (more commonly known as the "X Case") 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 pregnanc ...
'' (1992), a decision of the
Supreme Court of Ireland , image = Coat of arms of Ireland.svg , imagesize = 120px , alt = , caption = Coat of Arms of Ireland , image2 = Four Courts, Dublin 2014-09-13.jpg , imagesize2 = , alt2 ...
*
Constitution of Ireland The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democra ...
* Foetal rights *
Thirty-sixth Amendment of the Constitution of Ireland The Thirty-sixth Amendment of the Constitution of Ireland (previously bill no. 29 of 2018) is an amendment to the Constitution of Ireland which permits the Oireachtas to legislate for abortion. The constitution had previously prohibited abortio ...


References

Fiona de Londras Fiona de Londras (born 1980) is an Irish academic and the Professor of Global Legal Studies at the University of Birmingham, UK. Since October 2019 she is also an honorary professor at the Australian National University in Canberra. Biography ...
, Mairead Enrigh
Repealing the 8th: Reforming Abortion Law in Ireland


Oireachtas debates


Notes


External links





{{DEFAULTSORT:Eighth Amendment of the Constitution of Ireland 1983 in Irish law 1983 in Irish politics 1983 referendums 08 08 08 Abortion in the Republic of Ireland 08 September 1983 events in Europe 1983 in women's history Amendment, 08