Abortion in Post-X Ireland

Windsor Review of Social and Legal Issues

48 Pages Posted: 27 Apr 2009

See all articles by Suzanne Bouclin

Suzanne Bouclin

University of Ottawa - Common Law Section

Date Written: 2002 March

Abstract

The author examines Ireland's Supreme Court decision in the X case and its effects on this country's constitutionally entrenched position of fetal rights. This decision is found to be inadequate for women’s groups and their supporters because of the Court’s adoption of ‘proper candidates’ for abortions. The Irish government’s subsequent efforts to strike a balance between the competing interests only serve to create more ambiguity in determining the legal status of abortion in Ireland. Further, the legal amendments and judicial interpretation of the X case have not substantially liberalized Ireland’s abortion policy, creating opportunity for more feminist discourse and activism. Finally, the proposed referendum in 2002 is summarized and the issues left unresolved by the government’s proposal are examined. The author outlines’ the risks of encroachment on the already limited rights to Irish women’s reproductive freedoms and bodily integrity.

Keywords: constitutional law, reproductive rights, feminist jurisprudence, judicial interpretation

Suggested Citation

Bouclin, Suzanne, Abortion in Post-X Ireland (2002 March). Windsor Review of Social and Legal Issues, Available at SSRN: https://ssrn.com/abstract=1395324

Suzanne Bouclin (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
131
Abstract Views
1,287
Rank
392,806
PlumX Metrics