Global Abortion Policies Database
A tool to expand knowledge, encourage transparency, and promote accountability.
| Country or Region | |
|---|---|
Ireland |
Gestational limit: 12
Read more On requestYes Gestational limit
A termination of pregnancy may be carried out by a medical practitioner where, having examined the pregnant woman, he or she is of the reasonable opinion formed in good faith that the pregnancy concerned has not exceeded 12 weeks of pregnancy. “12 weeks of pregnancy” shall be construed in accordance with the medical principle that pregnancy is generally dated from the first day of a woman’s last menstrual period. It is defined as 12 weeks plus zero days.
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. This legal ground recognizes a woman’s free choice. Safe Abortion Guidelines, § 4.2.1.6.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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| Country | Economic or social reasons |
Foetal impairment |
Rape |
Incest |
Intellectual or cognitive disability of the woman |
Mental health |
Physical health |
Health |
Life |
Other |
|---|---|---|---|---|---|---|---|---|---|---|
Ireland |
Economic or social reasonsNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.5.
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Foetal impairmentNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information; health protection or social reasons can be interpreted to include distress of the pregnant woman caused by the diagnosis of fetal impairment. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
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RapeNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
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IncestNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
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Intellectual or cognitive disability of the womanNo |
Mental healthYes Gestational limit
here is no gestational limit in cases when there is an immediate risk to the life, or of serious harm to the health, of the pregnant woman, and it is immediately necessary to carry out the termination of pregnancy in order to avert that risk. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The scope of mental health includes psychological distress or mental suffering caused by, for example, coerced or forced sexual acts and diagnosis of severe fetal impairment. Safe Abortion Guidelines, § 4.2.1.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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Physical healthYes Gestational limit
here is no gestational limit in cases when there is an immediate risk to the life, or of serious harm to the health, of the pregnant woman, and it is immediately necessary to carry out the termination of pregnancy in order to avert that risk. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Physical health is widely understood to include conditions that aggravate pregnancy and those aggravated by pregnancy. Safe Abortion Guidelines, § 4.2.1.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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HealthYes Gestational limit
here is no gestational limit in cases when there is an immediate risk to the life, or of serious harm to the health, of the pregnant woman, and it is immediately necessary to carry out the termination of pregnancy in order to avert that risk. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The fulfillment of human rights requires that women can access safe abortion when it is indicated to protect their health. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.2.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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LifeYes Gestational limit
here is no gestational limit in cases when there is an immediate risk to the life, or of serious harm to the health, of the pregnant woman, and it is immediately necessary to carry out the termination of pregnancy in order to avert that risk. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The human right to life requires protection by law, including when pregnancy is life-threatening or a pregnant woman’s life is otherwise endangered. Both medical and social conditions can constitute life-threatening conditions. Safe Abortion Guidelines, § 4.2.1.1.
Laws or policies that impose time limits on the length of pregnancy may have negative consequences for women, including forcing them to seek clandestine abortions and suffer social inequities. Safe Abortion Guidelines, § 4.2.1.7.
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OtherCondition affecting the foetus that is likely to lead to the death of the foetus either before, or within 28 days of, birth |
| Country | Authorization of health professional(s) |
Authorization in specially licensed facilities only |
Judicial authorization for minors |
Judicial authorization in cases of rape |
Police report required in case of rape |
Parental consent required for minors |
Spousal consent |
Ultrasound images or listen to foetal heartbeat required |
Compulsory counselling |
Compulsory waiting period |
Mandatory HIV screening test |
Other mandatory STI screening tests |
Prohibition of sex-selective abortion |
Restrictions on information provided to the public |
Restrictions on methods to detect sex of the foetus |
Other |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Ireland |
Authorization of health professional(s)Yes Number and cadre of health-care professional authorizations required
In the case of risk to life or health, authorisation is required from one obstetrician and one “appropriate medical practitioner” meaning a “medical practitioner appropriate to the care or treatment of the woman in respect of the risk”. In the case of a condition likely to lead to the death of the foetus, authorisation is required from one obstetrician and a medical practitioner of a relevant specialty. A termination of pregnancy may be carried out by a medical practitioner where, having examined the pregnant woman, he or she is of the reasonable opinion formed in good faith that there is an immediate risk to the life, or of serious harm to the health, of the pregnant woman, and it is immediately necessary to carry out the termination of pregnancy in order to avert that risk. In this case the medical practitioner must certify his or her opinion before carrying out the termination of pregnancy concerned, or where it is not practicable to do so before carrying out the termination of pregnancy, as soon as may be but, in any event, not later than 3 days after the carrying out of the termination of pregnancy concerned. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by hospital authorities may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
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Authorization in specially licensed facilities onlyNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Restrictions on the range of providers or facilities that are authorized to provide abortion reduce the availability of services and their equitable geographic distribution. Safe Abortion Guidelines, § 4.2.2.4.
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Judicial authorization for minorsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. Safe Abortion Guidelines, § 4.2.2.
Additional notesIf there is no contactable parent or guardian, a social worker may be authorised by the District Court to give consent. This also applies to children in foster care for less than five years. If the child is the subject of a voluntary care order, consent is required from the parents unless a Court order is given dispensing with such consent. In respect of children under interim or emergency care orders, an application should be made to the District Court. Again, every effort would be made to contact and seek consent from the parents. In relation to children under a full care order, it is best practice to seek consent from parents but the HSE is authorised to give consent under the Child Care Act to medical or psychiatric treatment. Related documents: |
Judicial authorization in cases of rapeNot Applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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Police report required in case of rapeNot Applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
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Parental consent required for minorsYes Can another adult consent in place of a parent?Yes If there is no contactable parent or guardian, a social worker may be authorised by the District Court to give consent. This also applies to children in foster care for less than five years. If the child is the subject of a voluntary care order, consent is required from the parents unless a Court order is given dispensing with such consent. In respect of children under interim or emergency care orders, an application should be made to the District Court. Again, every effort would be made to contact and seek consent from the parents. In relation to children under a full care order, it is best practice to seek consent from parents but the HSE is authorised to give consent under the Child Care Act to medical or psychiatric treatment. Age where consent not needed
If there is no contactable parent or guardian, a social worker may be authorised by the District Court to give consent. This also applies to children in foster care for less than five years. If the child is the subject of a voluntary care order, consent is required from the parents unless a Court order is given dispensing with such consent. In respect of children under interim or emergency care orders, an application should be made to the District Court. Again, every effort would be made to contact and seek consent from the parents. In relation to children under a full care order, it is best practice to seek consent from parents but the HSE is authorised to give consent under the Child Care Act to medical or psychiatric treatment. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by parents may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
Additional notesIn cases of minors between 16 and 17 years who choose not to involve an adult, the doctor can offer an abortion only if they are confident that the minor understands the information provided and can give valid consent. In the case of minors of 15 years or under who choose not to involve an adult, a doctor can offer an abortion if there are exceptional circumstances and an assessment has been completed. |
Spousal consentNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by a spouse may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
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Ultrasound images or listen to foetal heartbeat requiredNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Regulatory, policy and programmatic barriers, one example of which is the requirement for mandatory ultrasound prior to abortion, that hinder access to and timely provision of safe abortion care should be removed. Safe Abortion Guidelines, Executive Summary, Box 7 - Recommendation.
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Compulsory counsellingNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Many women have made a decision to have an abortion before seeking care, and this decision should be respected without subjecting a woman to mandatory counselling. Provision of counselling to women who desire it should be voluntary, confidential, non-directive and by a trained person. Safe Abortion Guidelines, § 2.1.8.1.
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Compulsory waiting periodYes Waiting period
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should consider eliminating waiting periods that are not medically required, and expanding services to serve all eligible women promptly. Safe Abortion Guidelines, § 4.2.2.6.
Additional notesThe day on which the doctor certifies that the pregnancy has not exceeded 12 weeks counts as the first day. Related documents: |
Mandatory HIV screening testNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
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Other mandatory STI screening testsNo WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
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Prohibition of sex-selective abortionNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. In situations where abortion is restricted for sex selection purposes, terminating a pregnancy for this reason is likely to involve an unsafe procedure carrying high risks. Any policies or guidelines on the use of technology in obstetric and fetal medicine should take into account the need to ensure women’s access to safe abortion and other services - efforts to manage or limit sex selection should also not hamper or limit access to safe abortion services. Preventing gender-biased sex selection: an interagency statement, p 10 - Recommendation.
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Restrictions on information provided to the publicNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should refrain from limiting access to means of maintaining sexual and reproductive health, including censoring, withholding or intentionally misrepresenting health-related information. Safe Abortion Guidelines, § 4.2.2.7.
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No data
Restrictions on methods to detect sex of the foetusNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
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Other |
| Country | Public sector providers |
Private sector providers |
Provider type not specified |
Neither Type of Provider Permitted |
Public facilities |
Private facilities |
Facility type not specified |
Neither Type of Facility Permitted |
|---|---|---|---|---|---|---|---|---|
Ireland |
Public sector providersIndividual health-care providers who have objected are required to refer the woman to another providerYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesMedical practitioners, nurses and midwives have a duty to participate in a termination of pregnancy when there is an immediate risk to the life, or of serious harm to the health, of the pregnant woman, and it is immediately necessary to carry out the termination of pregnancy in order to avert that risk. |
Private sector providersIndividual health-care providers who have objected are required to refer the woman to another providerYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesMedical practitioners, nurses and midwives have a duty to participate in a termination of pregnancy when there is an immediate risk to the life, or of serious harm to the health, of the pregnant woman, and it is immediately necessary to carry out the termination of pregnancy in order to avert that risk. |
Provider type not specifiedYes Individual health-care providers who have objected are required to refer the woman to another providerYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesMedical practitioners, nurses and midwives have a duty to participate in a termination of pregnancy when there is an immediate risk to the life, or of serious harm to the health, of the pregnant woman, and it is immediately necessary to carry out the termination of pregnancy in order to avert that risk. |
Neither Type of Provider PermittedIndividual health-care providers who have objected are required to refer the woman to another providerYes WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesMedical practitioners, nurses and midwives have a duty to participate in a termination of pregnancy when there is an immediate risk to the life, or of serious harm to the health, of the pregnant woman, and it is immediately necessary to carry out the termination of pregnancy in order to avert that risk. |
Public facilitiesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
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Private facilitiesNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
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Facility type not specifiedNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
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Neither Type of Facility PermittedNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
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Concluding Observations issued by respective treaty bodies and selected extracts related to abortion.
| Country | CAT |
CEDAW |
CERD |
CESCR |
CRC |
CRPD |
HRC |
IE HAIT |
SR HEALTH |
SR TORTURE |
SR VAW |
WG-DWLP |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Ireland |
CAT“The Committee notes the concern expressed by the European Court of Human Rights about the absence of an effective and accessible domestic procedure in the State party for establishing whether some pregnancies pose a real and substantial medical risk to the life of the mother (case of A, B and C v. Ireland), which leads to uncertainty for women and their medical doctors, who are also at risk of criminal investigation or punishment if their advice or treatment is deemed illegal. The Committee expresses concern at the lack of clarity cited by the Court and the absence of a legal framework through which differences of opinion could be resolved. Noting the risk of criminal prosecution and imprisonment facing both the women concerned and their physicians, the Committee expresses concern that this may raise issues that constitute a breach of the Convention. The Committee appreciates the intention of the State party, as expressed during the dialogue with the Committee, to establish an expert group to address the Court’s ruling. The Committee is nonetheless concerned further that, despite the already existing case law allowing for abortion, no legislation is in place and that this leads to serious consequences in individual cases, especially affecting minors, migrant women, and women living in poverty (arts. 2 and 16). The Committee urges the State party to clarify the scope of legal abortion through statutory law and provide for adequate procedures to challenge differing medical opinions as well as adequate services for carrying out abortions in the State party, so that its law and practice is in conformity with the Convention.”
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CEDAW"The Committee is also concerned that: (a) The interpretation of article 40.1 of the Constitution is focused on procedural rather than substantive equality; and (b) Article 40.3.33 of the Constitution (also known as the Eighth Amendment), which protects the right to life of the unborn and therefore unduly restricts access to abortion, has not been amended. 11. The Committee urges the State party to, within a specific timeframe:(...) (c) Amend article 40.3.33 of the Constitution (also known as the Eighth Amendment), which impedes the introduction of amendments to current legislation governing access to abortion. (...) The Committee is concerned that access to abortion in the State party is restricted to cases where there is a real and substantial risk to the life of the pregnant woman under the Protection of Life During Pregnancy Act 2013, which was enacted following the decision of the European Court of Human Rights in the case of A, B, C v Ireland and that this exception is interpreted in a very restrictive manner. The Committee is also concerned that under the Regulation of Information Act of 1995, the provision of information by healthcare providers that advocates and promotes the option of abortion is criminal. The Committee is particularly concerned that due to this restrictive legal regime: (a) Abortion in all cases other than where there is a real and substantial risk to the life of the pregnant woman is criminal and carries a maximum penalty of 14 years imprisonment; (b) Women and girls are compelled to travel outside the State party to obtain an abortion in countries where it is legally available on wider grounds; (c) Women and girls without means to travel outside the State party to obtain an abortion, such as poor women, asylum seekers and migrant women and girls, may be compelled to carry their pregnancies to full term or to undertake unsafe abortion which may lead to severe mental pain and suffering; and (d) Healthcare providers and pregnancy counsellors cannot freely provide information on abortion for fear that they can be prosecuted for violating the Regulation of Information Act 1995. (..) The Committee recommends that the State party: (a) Repeal the Protection of Life During Pregnancy Act 2013 in order to legalise the termination of pregnancy at least in cases of rape, incest, risk to the physical or mental health or life of the pregnant woman, and severe impairment of the foetus, and de-criminalize abortion in all other cases;.."
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CRC“The Committee is concerned about the Protection of Life during Pregnancy Act 2013, which allows for abortion only when there is a “real and substantial risk” to the life of the mother and criminalizes abortion even in instances where the pregnancy results from rape or incest, or in cases of severe foetal impairment. Furthermore, the Committee is concerned that the term “real and substantial risk” prevents doctors from being able to provide services in accordance with objective medical practice. The Committee is also concerned at the severe lack of access to sexual and reproductive health education and emergency contraception for adolescents. [….] In the light of its general comment No. 4 (2003) on adolescent health and development, the Committee recommends that the State party: (a) Decriminalize abortion in all circumstances and review its legislation with a view to ensuring access by children to safe abortion and post-abortion care services; and ensure that the views of the pregnant girl are always heard and respected in abortion decisions;”
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HRC“The Committee reiterates its concern regarding the highly restrictive circumstances under which women can lawfully have an abortion in the State party. While noting the establishment of the Crisis Pregnancy Agency, the Committee regrets that the progress in this regard is slow. (arts. 2, 3, 6, 26) The State party should bring its abortion laws into line with the Covenant. It should take measures to help women avoid unwanted pregnancies so that they do not have to resort to illegal or unsafe abortions that could put their lives at risk (article 6) or to abortions abroad (articles 26 and 6).”
“The Committee reiterates its previous concern regarding the highly restrictive circumstances under which women can lawfully have an abortion in the State party owing to article 40.3.3 of the Constitution and its strict interpretation by the State party. In particular, it is concerned at: (a) The criminalization of abortion under section 22 of the Protection of Life During Pregnancy Act 2013, including in cases of rape, incest, fatal foetal abnormality and serious risks to the health of the mother, which may lead to up to 14 years of imprisonment, except in cases that constitute a “real and substantive risk” to the life of a pregnant woman; (b) The lack of legal and procedural clarity concerning what constitutes “real and substantive risk” to the life, as opposed to the health, of the pregnant woman; (c) The requirement of excessive degree of scrutiny by medical professionals for pregnant and suicidal women leading to further mental distress; (d) The discriminatory impact of the Act on women who are unable to travel abroad to seek abortions; (e) The strict restrictions on the channels via which information on crisis pregnancy options may be provided to women and the imposition of criminal sanctions on health-care providers who refer women to abortion services outside the State party under the Regulation of Information (Services Outside the State For Termination of Pregnancies) Act, 1995; and (f) The severe mental suffering caused by the denial of abortion services to women seeking abortions due to rape, incest, fatal foetal abnormality or serious risks to health (arts. 2, 3, 6, 7, 17, 19 and 26). The State party should: (a) Revise its legislation on abortion, including its Constitution, to provide for additional exceptions in cases of rape, incest, serious risks to the health of the mother, or fatal foetal abnormality; (b) Swiftly adopt a guidance document to clarify what constitutes a “real and substantive risk” to the life of the pregnant woman; (c) Consider making more information on crisis pregnancy options available through a variety of channels, and ensure that health-care providers who supply information on safe abortion services abroad are not subject to criminal sanctions.”
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SR VAW"During her visit, the Special Rapporteur received information about the situation of and challenges faced by defenders working on sexual and reproductive rights, particularly those providing women with information on legal abortion. Ireland has one of the most restrictive laws in Europe regarding the termination of pregnancy whereby abortion is a criminal offence, except when the pregnant woman’s life is at risk, including because of the risk of suicide, and where women may be punished with life-term prison sentences. In 1983, article 40.3.3 of the Constitution was amended to acknowledge “the right to life of the unborn”, regarding it as equal to the right to life of the pregnant woman. The term “unborn” was not defined. Procuring or assisting in an abortion is a criminal offence under the Offenses against the State Act (1861), and is punishable by up to life imprisonment. There have been no prosecutions under the Act in recent times, at least since 1975 and the establishment of the Office of the Director of Public Prosecutions. In 1995, the Regulation of Information (Services outside the State for the Termination of Pregnancies) Act was enacted. The Information Act allows for the provision of information on abortion services abroad, subject to strict restrictions that pose a number of important challenges to the work of defenders, practitioners and advocates working on sexual and reproductive health rights, which are described below. In 1992, with the judgement in Attorney General v X, the Supreme Court provided guidance on the interpretation of the existing right to abortion under article 40.3.3 of the Constitution, and determined that abortion in Ireland was legal when a real and substantial risk to life – as opposed to the health – of the pregnant women, including the risk of suicide, had been established,. (...) The decisions described in paragraphs 82 and 83 above are still to be implemented, which explains why currently no legislation or regulatory framework exists to define whether a woman is entitled to have access to legal abortion. In June 2011, the Government submitted a plan of action to the Committee of Ministers of the Council of Europe with measures on how to implement the judgement, including the establishment of an Expert Group to recommend the options available. In November 2012, the report of the Expert Group on the Judgement in A, B and C v. Ireland was made public. According to the Information Act, information on abortion services should only be given in the context of one-to-one counselling (sect. 3.1 (a)). The Act also stipulates that any information on abortion provided by advisory agencies, doctors and counsellors must be “truthful and objective”, must “not advocate or promote” abortion and should be provided together with information on all courses of action open to a women in relation to her particular circumstances (sect. 5(b, iii)). Agencies, doctors and counsellors are also prohibited from making arrangements on behalf of their clients for an abortion abroad (sect. 8, 1). The Special Rapporteur is concerned about the important challenges that certain provisions contained in the Information Act pose for reproductive health providers and defenders working on these issues. When a woman seeks information on abortion, it may only be provided in the context of a face-to-face counselling session; information cannot be given online or over the telephone. This provision can pose significant barriers for counsellors and potentially restrict women’s access to information on sexual and reproductive rights, particularly on access to the health services available abroad. Moreover, the provision can restrict the ability of defenders to make contact with some women who may not be able to attend a face-to-face counselling session, including women who live in isolated or rural areas, young women, women in State care and/or migrant women. The inability of counsellors to make appointments on behalf of their clients further restricts the support they can offer to women seeking this type of service abroad. Moreover, the Special Rapporteur is concerned at reports and evidence received during her visit indicating the existence of a smear campaign and stigmatization of defenders and activists working on abortion issues. More specifically, she received information about a smear campaign in printed media, reportedly in October and November 2012, when a well-known reproductive health provider in the country was targeted in various newspaper articles and accused of putting the lives of women at risk and contravening the law. The Health Service Executive has reportedly launched an investigation into the accusations made against a number of reproductive health providers. As the Special Rapporteur stressed in a previous report, the stigmatization of defenders may lead to the selective enforcement of existing laws and regulations, reinforce existing stigma and culminate in the criminalization of their legitimate activities. (...) The Special Rapporteur recommends that the Government of Ireland: (...) (l) Implement the judg e ments passed by the Supreme Court in 1992 and the European Court of Human Rights in 2010 by introducing the necessary legislation regarding access to legal abortion , clarify the criteria to be met for the legal termination of pregnancies , and provide the necessary guidelines for medical professionals and other practitioners;"
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Country specific information regarding abortion related penalties. Information regarding penalties has been presented in English only; this information is not based on an official translation. Please review the source documents provided.
| Country | Penalties deconstructed |
Penalties for woman |
Penalties for provider |
Penalties for person who assists |
Secondary additional considerations/judicial discretion |
Penalties for non-consensual abortion and or negligence |
|---|---|---|---|---|---|---|
Ireland |
Penalties deconstructedLegal grounds specified; penalties for all other abortions |
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PenaltiesHealth (Regulation of Termination of Pregnancy) Act 2018 23. (1) It shall be an offence for a person, by any means whatsoever, to intentionally end the life of a foetus otherwise than in accordance with the provisions of this Act. [...] (5) A person who is guilty of an offence under this section shall be liable on conviction on indictment to a fine or imprisonment for a term not exceeding 14 years, or both. (6) A prosecution for an offence under this section may be brought only by or with the consent of the Director of Public Prosecutions. (7) Nothing in subsection (4) shall operate to prevent or restrict access to services lawfully carried out in a place outside the State. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesHealth (Regulation of Termination of Pregnancy) Act 2018 23. [...] (2) It shall be an offence for a person to prescribe, administer, supply or procure any drug, substance, instrument, apparatus or other thing knowing that it is intended to be used or employed with intent to end the life of a foetus, or being reckless as to whether it is intended to be so used or employed, otherwise than in accordance with the provisions of this Act. […] (4) It shall be an offence for a person to aid, abet, counsel or procure a pregnant woman to intentionally end, or attempt to end, the life of the foetus of that pregnant woman otherwise than in accordance with the provisions of this Act. (5) A person who is guilty of an offence under this section shall be liable on conviction on indictment to a fine or imprisonment for a term not exceeding 14 years, or both. (6) A prosecution for an offence under this section may be brought only by or with the consent of the Director of Public Prosecutions. (7) Nothing in subsection (4) shall operate to prevent or restrict access to services lawfully carried out in a place outside the State. Offence by body corporate 24. (1) Where an offence under this Act is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person shall, as well as the body corporate, be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate. […] WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
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PenaltiesNone found |
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