The reason we are in this mess is 29 years ago when there was pressure to legalise contraception (yes you heard me legalise contraception which happened in 1984) there was a fear as Irish law is case law and precedents that a high court could make a ruling and allow for access to abortion, an Irish Roe V Wade. So we ended up with a bad amendment which even back then legal minds point out could in face result in what it was touted not do to. By constitutional Lawyer Mary Robinson and even in the Dáil by Alan Shatter who is now our Minster for Justice.
So do we need to appeal the 8 amendment and do a better job?
When it was passed Mary Robinson stated that it could lead to putting the lives of women at risk as she was on the side which opposed the amendment.
Constitutional lawyers William Binchy (Pro-Life Amendment Campaign) and Mary Robinson (Anti-Amendment Campaign) debate the legal implications of the result of the referendum on the Eighth Amendment of the Constitution on a Today Tonight Referendum Results special, 8 September 1983.
She pointed out that the term ‘unborn’ was not a legal term and that there would be test cases against the amendment as it was ambiguous. She was right, and women have been paying the price for the last 29 years and it’s time we repealed the 8th amendment.