Irish Abortion Laws: A Cry For Change

Abstract

Abortion and the laws related to it have always been surrounded by debates, drawing arguments in support and against them from various religious beliefs, ethics and morals. These debates have raised very significant, yet complex legal questions such as whether a foetus is a living being does it have the right of being carried in the womb till it is ready to be born, whether its right to life supersedes that of its mother and whether the mother has the right to decide when to give birth, among many others. Countries all over the world have different criterion for alloiving or banning abortion. One of the several countries having almost chaotic abortion laws is Ireland, which has in spite of various judgments of national and supranational courts, failed to update and modify its laws and allow abortion even in cases of rape or incest. This article embarks on an analysis of Irish abortion laws from past to present through various landmark judgments. In the existing era of awareness of individual rights and State obligations, the rights of the unborn child and the mother need to be balanced. Constant efforts need to be made to prevent religious beliefs from superseding the rationality of law in today's heterogeneous society. Following this very principle, this Article highlights the ambiguous position of the Irish abortion laws and the need to modify the same.