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Brexit and implications for Ireland's abortion regime

GOF58

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Jan 4, 2015
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206
One of the lesser discussed topics is the implications of Brexit for Ireland's abortion laws. In the event of a failure to negotiate visa-free travel between the Republic and the UK (or what's left of it if Scotland has their way) there may be legal ramifications for women seeking to travel for the purposes of receiving an abortion.

As a member of the EU, travel for this purposes is permitted per the X case under the freedom to receive services (one of the four fundamental freedoms protected under EU legislation and case law) legally available in another member state. As the UK is unlikely to be a member state past late 2018, and in the possible event of failure to negotiate a trade deal between the UK & the Common Market which allows for visa-free travel, one has to ask what the impact will be on the Irish abortion regime. A potential response would be to make criminalise women who travel to a country where the freedom to travel and receive services no longer applies. Moreover the cost of these procedures may rise, further limiting availability for Irish women.

Traditionally travel to the UK has been seen as a form of safety-valve for expectant mothers, permitting those wealthy enough and with the inclination to travel abroad and receive a service illegal at home; however if this loophole is shut then the Oireachtas may be obliged to reconsider the current legal position.
 
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Accidental sock

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Nov 19, 2013
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4,184
Ahh ffs....another thread.....with abortion thrown in for extra repetitiveness
 

redneck

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May 5, 2007
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The British obsess with Europe and we obsesse with Abortion!!!
 

GOF58

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Do us all a favour and go and f*** off with your abortion fetish... :mad:
? I can't recall ever posting on the issue before, never mind 'fetishising' it.
 

Spanner Island

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Feb 22, 2011
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? I can't recall ever posting on the issue before, never mind 'fetishising' it.
Don't care - there are copious abortion threads on this site... it's a subject that is done to death here... and which is linked to everything and anything by those who do fetishise it.

So if you want to indulge in it you might head off to one of them and have yourself a party... because the last thing we need is another feckin' thread about it.

There's plenty of posters who'll oblige you on all those threads that already exist because they just love a good auld natter about abortion... :roll:

They never tire of it as you'll find out.
 

silverharp

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Jan 21, 2015
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15,936
can we abort this thread?, get a coat hanger and use it to hit the delete key
 

Lumpy Talbot

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Jun 30, 2015
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26,675
Twitter
No
Well basically there could be a horrific moment when your next abortion could be picked to play in the next All-ireland Final purely because of Brexit.

Don't say you haven't been warned. The GAA will do anything for Fianna Fail and Macra na Feirme.
 

bactrian

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Joined
May 11, 2004
Messages
1,238
One of the lesser discussed topics is the implications of Brexit for Ireland's abortion laws. In the event of a failure to negotiate visa-free travel between the Republic and the UK (or what's left of it if Scotland has their way) there may be legal ramifications for women seeking to travel for the purposes of receiving an abortion.

As a member of the EU, travel for this purposes is permitted per the X case under the freedom to receive services (one of the four fundamental freedoms protected under EU legislation and case law) legally available in another member state. As the UK is unlikely to be a member state past late 2018, and in the possible event of failure to negotiate a trade deal between the UK & the Common Market which allows for visa-free travel, one has to ask what the impact will be on the Irish abortion regime. A potential response would be to make criminalise women who travel to a country where the freedom to travel and receive services no longer applies. Moreover the cost of these procedures may rise, further limiting availability for Irish women.

Traditionally travel to the UK has been seen as a form of safety-valve for expectant mothers, permitting those wealthy enough and with the inclination to travel abroad and receive a service illegal at home; however if this loophole is shut then the Oireachtas may be obliged to reconsider the current legal position.
full text of Article 40.3.3º read as the follows:

The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.

This subsection shall not limit freedom to travel between the State and another state.

This subsection shall not limit freedom to obtain or make available, in the State, subject to such conditions as may be laid down by law, information relating to services lawfully available in another state.


Strangely enough no mention of the EU in Article 40.3.3º
 

Polybius

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Apr 8, 2015
Messages
4,606
Maybe Marie Stopes could introduce some special offers to attract more Irish women? For example they could offer 20 week abortions for the price of a 12 week abortion for all women with an Irish passport. They could also give 30% off for a second abortion and maybe introduce a loyalty card to reward regular customers.
 

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