SaraH_Dissertation_protected

TaTable of Contents:
School of Humanities
Politics
Honours Dissertation
2009
Sara Hastie
040008074
'Reproductive Rights and Access to contraception in the Republic
of Ireland’
Sara Hastie 040008074 1

Table of Contents
Introduction: Page 3
Chapter 1: Page 5
Chapter 2: Page 13
Chapter 3: Page 20
Chapter 4: Page 27
Chapter 5: Page 32
Conclusion: Page 40
Appendix: Page 42
Bibliography: Page 43

Introduction
Through this dissertation I would like to explore the issues of reproductive
rights and access to contraception in the Republic of Ireland. The research I want to
carry out will primarily focus on the female gender in Ireland, because it is their
reproductive self determination which is restricted by the state. I believe the current
state of the law, to an extent, leaves people in confusion over what circumstances
justify an abortion in Ireland. The law is very restrictive, although abortion can be
carried out until birth if there is real and substantial risk to the health of the women.
There have been several referendums in Ireland on the subject of abortion. The latest
of which took place in 2002: the Protection of Human Life in Pregnancy Bill sought
to repeal the progress achieved in the 1992 ‘X’ case which allowed an abortion to take
place because the 14 year old rape victim was at the risk of suicide. Although the bill
was defeated, it did so by a narrow margin, “turnout was 42.89% of which 49.58%
voted yes while 50.42% voted no”1
. Irish people have a long involvement with the
Catholic Church and for this reason were more conservative than most of Europe.
However this pattern has shifted over time and with this people’s attitude towards
marriage and homosexuality changed. This led to the decriminalisation of both.
Abortion on the other hand continues to divide the nation, Pro-Choice campaign for
women to have the right control their family planning with contraception and safe and
legal abortion within the state. This belief is refuted by groups promoting Pro-Life, in
their opinion the ‘unborn’ is the abused silent subject. For this reason they fight to
override the rights of women to protect new life from the moment of conception.
Due to the nature of the topics to be covered in this dissertation, I believe it
will be beneficial to carry out direct interviews. I want to access opposing sides of the
abortion debate, asking several different questions to find out their attitudes towards
reproduction in Ireland and the controversy surrounding this. This process began,
firstly by contacting the various groups, inviting them for interviews. This entailed
several weeks of email contact to build up a rapport. In the beginning, I believed the
groups were hesitant to respond to my emails. Later I found out that because I was not
known to them, in a way it was cold calling and in fact, I could be a saboteur from the
1
http://www.ifpa.ie/eng/Issues-Policy/National-Work/Abortion/Abortion-Law-in-Ireland-a-brief-
summary accessed on 16th January 2009

opposing side. For this reason, it was a long and arduous journey. However, once they
knew my intentions were legitimate, barriers were broken down. Therefore to
progress to the next stage, I took the opportunity to travel to Dublin on two separate
occasions, to gather and correlate information. Although, I do come from a Pro-choice
perspective I believe it was essential to communicate with both, Pro-Life and Pro-
Choice groups. In order to challenge my own previous beliefs and arrive at a more
balanced assessment. When I carried out the interviews, the vast majority were more
than willing to answer my questions openly and demonstrated conviction in their
beliefs. In a couple of the interviews, I had to tease information from the respondent
which made the interview process more difficult. I found those people were more
open about their opinions when the recording was over.

Dissertation Chapter 1: The Socio-economic aspects of termination
within a conservative state.
Conservatism within Ireland has long been a norm of the state as the Church
had a strong position of authority. Until the “early 1970s, it was still possible to
describe … the Irish people as being strongly attached to the Catholic Church and as
adhering to a religion of, ‘an austere and puritanical variety that is somewhat cold and
authoritarian’”2
. The relationship of the Church within Ireland was firmly established
with the “special position” put into the constitution in 1937. Along with the position
of the church, a mother had an important role in constitution. Article 41.2.1
“recognises that by her life within the home, woman gives to the state a support
without which the common good cannot be achieved”3
. The mother was the material
provider of moral standards, which should be indoctrinated into their own family.
Women across Ireland were subjected to a moral responsibility and the state ensured,
“that mothers shall not be obligated by economic necessity to engage in labour to the
neglect of their duties at home”4
. Women were perceived as a passive partner in
marriage, through wedlock they were expected to give up many areas of employment.
A marriage Bar was in place for women employed in the civil service until 1973 and
largely adopted by the public service. For this reason, Irish women were expected to
take up their natural position as homemaker and mother. The relationship of the
church and the Irish people was epitomised by the first sovereign state leader, the
Taoiseach Eamon De Valera. De Valera visualised Ireland as “the home of
people…who were satisfied with frugal comfort and devoted their leisure to things of
the spirit…It would, in a word, be the home of a people living the life that God
desires that man should live”5
. This presented Ireland as a humble state and directed
people towards spiritual guidance.
2
Coakley. J and Gallagher. M (eds), Politics in the Republic of Ireland: fourth edition. (Abingdon,
2006).p. 39
3
Constitution of Ireland (Dublin, 2004) p.158
4
Lavenduski. J and Outshoom. J (eds), The New Politics of Abortion. (London, 1986).p. 80
5
Whelan. Christopher. T (ed), Values and Social Change in Ireland: ( Dublin,1994).p. 14

Patriarchy in the State
Due to the overly patriarchal society in Ireland at the time, women were
controlled to fit the requirements set in the constitution. As a result of male
dominance, women had little contribution in decision making processes. Over time,
with the development of the second wave feminist movement in the 1960s, women
began to question their position within society. Some desired the choice to remain in
the home, while others searched for the opportunity to enter the labour market. After
entry to the European Economic Community, Ireland was forced to look at gender
inequalities. There were difficulties implementing modernisation of attitudes towards
women, “in anti discrimination laws, equal pay…which there was a huge resistance
to”6
. Further to, excluding married women from remaining in employment, there were
other problems, “the denial of welfare to unmarried mothers, deserted wives and
prisoners’ wives; the lack of legal provision for exclusion orders to women abused by
their spouses; and the denial of free legal aid to women”7
. This rhetoric expressed the
desire of the state and the Catholic Church to deny all women the same rights as men.
As Ireland withdrew from its period of isolationism, the European Economic
Community (E.E.C), acted as a catalyst for the fortunes of the Irish. In 1973, the state
entered into the E.E.C and at the time of entry it was recognised as one of the poorest
member states. This position did not change dramatically until the early 1990s. When
economic prosperity finally arrived, Ireland experienced a revival of its state prestige
as never seen before. People continued to leave the state in search of prosperity
elsewhere, in particular, the United States. With the economic boom (Celtic Tiger)
and an increase in foreign investment, predominantly from the United States, a growth
in job opportunities arose for the remaining men and woman. “In a few short years,
the Irish state had developed the means to maintain the necessary macro-economic
discipline and reflexivity to survive as a small, open economy in the global market”8
.
Even with these opportunities, it was clear the female workforce were still
experiencing exploitation. Women were underpaid in comparison to men, an example
6
Choice Ireland Interview part 1 with Helen Keyes (Activist)
7
2006).p. 8
8
2006).p. 2

of industrial workers pay is used in the table below. However, the wage gap has
slowly responded to the demands of women.
Manufacturing Industries - Average weekly earnings of industrial
workers in each year (€)
1998 1999 2000 2001 2002 2003 2004
Adult
Males
428.82 453.04 477.73 512.38 538.38 564.90 588.92
Adult
Females
285.36 298.17 324.72 347.32 365.18 393.78 406.83
Source(http://www.cso.ie/statistics/indearnings.htm)
This shows that patriarchy continues to be involved in the employment sector.
Previously, in order to remain in the labour market, many were forced to conceal
pregnancies in fear of losing their job. Those women were hailed as working class
heroes, who could manage motherhood and continue working during pregnancy and
after the birth. It seems inconceivable that a woman had to conceal pregnancy in order
to experience her right to work outside of the family home. One such account is Emily
O’Reilly, Masterminds of the Right. The mother, worked as a cleaner, coincided her
two weeks holidays with the birth of each of her children. Afterwards, she returned to
her position without detection. This shows the somewhat shocking extent that women
had to undertake, in order, to break free and rebel against the patriarchal Irish State.
Women were reduced to untruthfulness and potentially endangering their own health
and possibly that, of their developing foetus in the womb. Although, there is a decline
in the number of women concealing their pregnancies, women do continue to do so
for various reasons. There is a comparative difference between concealment in urban
and rural areas as, “a recent Irish study estimates that the prevalence of concealed
pregnancy is 1 concealed pregnancy per 625 births in a Dublin hospital and 1 in every
403 births in a rural hospital.”9
Although, it appears in decline across Irish cities, rural
areas have more cases of stigma attached to women who become pregnant outside of
9
Crisis Pregnancy Agency report No.15 issue 3 Volume 1 (January, 2007).p. 4

marriage. Older generations especially, can look down on women who become
pregnant outside of marriage. With the past two options available to women,
parenting or adoption, a stigma now appears to be attached to adoption and the
“number of adoptions has reduced dramatically in the last thirty years”10
.
Changes during the Celtic Tiger
As Ireland, progressed through the 20th
Century, and with businesses looking
for establishment in an English speaking country in the 1990s, Ireland reaped the
rewards. Ireland was the ideal target for investment because English was spoken
widely, the state was economically disadvantaged. The European Union gave
companies benefits like reduced rent if they set up businesses in economically
disadvantaged states. Investment drove the economy in a way never seen in the
Republic of Ireland and this led to the successful, Celtic Tiger economy. Labour
migration ensued with the prosperity of Ireland, job opportunities led to the rise of
immigration. For the first time, Irish people experienced an increased standard of
living. With the states new found wealth, Ireland lured economic migrants, in
particular Eastern Europeans. However, this continues to pose problems to women
who desire a new life in Ireland. Without legal status, female asylum seekers were
unable to exit the country. Thus, in the case of a crisis pregnancy, this prevented
access to a legal abortion outside of the state, if desired. Due to language barriers,
these women often experienced difficulties when seeking information. Women tend to
enter the state without their immediate family; therefore self supporting a child would
be difficult. According to Mary Smith, of the Crisis Pregnancy Agency, there also
appears to be problems for “non nationals…they may need exit and re-entry visa.
Often, this would involve disclosure to an employer”11
. Due to a lack of childcare
provided by a family member, numerous women decide to terminate their pregnancies
for this reason. In doing so, migrant workers are exposed to the illegal alternatives,
such as, backstreet abortions as a means to terminate the pregnancy. With the
childcare costs, so high, in Ireland, families without economic security may find it
difficult to afford the appropriate care and service.
10
Crisis Pregnancy Agency interview part 3 with Mave O’Brien
11
Crisis Pregnancy Agency interview part 6 with Mary Smith

As these backstreet abortions and crisis pregnancies continue, the school
leaving age of fifteen presents a number of problems, as many do not experience sex
education until after they turn sixteen. Women who are underprivileged and leave
secondary school early may not receive comprehensive Relation and Sexuality
Education, R.S.E. Therefore, they may be unaware of the various options that are
available to them like the morning-after pill and in turn may lead to a crisis
pregnancy. This is worrying as, “18 per cent are categorised as early school leavers,
virtually all of whom are from working-class or small–farm families”12
It is up to the
individual school to set their programme of teaching; many teachers remain deeply
embarrassed about giving such lessons to their pupils. Parents, also have the choice to
remove their child from a sex education lesson. Teenage pregnancies have been
largely stable over the last thirty years and the below table shows this numbers are
decreasing.
Births to women under 20
Year 2000 2001 2002 2003 2004 2005
Number 3116 3087 2948 2828 2493 2427
Source (http://www.crisispregnancy.ie/pub/FactsandFigures.pdf)
However, adolescent girls are only provided with access to information in
schools regarding the two options, parenting and adoption. For many teenagers in
Ireland, the opportunity of a comprehensive sex education programme is unlikely, as
the didactic teachings from the Catholic Church continue to impose the natural
methods of family planning in the classroom. The third option, abortion, cannot be
discussed in Catholic education. This may make young females vulnerable, when
dealing with crisis pregnancies. It is the young female’s responsibility to approach a
doctor and request information and guidance, as doctors cannot legally initiate
discussion about this third option. Abortion, is one of the most controversial and
moral dividing issues within Irish society. Previous to the Offences Against the
Person Act 1861, the Church believed that, abortion could be tolerated up to a point
and “accepted that a foetus was not ‘ensouled’ until the time of ‘quickening’ in the
12
Adshead. M, Kirby. P and Millar. M, Contesting the State lessons from the Irish case.
(Manchester,2008).p. 3

forth or fifth month”13
. However, with the enactment of the 1861 Act, the Church
changed to encompass English law. As a result, the Church believes life begins from
the moment of conception.
Economic barriers to Abortion
Economic dependency for a legal abortion outside of Ireland, is putting
women at risk, however, with alternative locations within the European Union,
women are choosing to travel further. With the overwhelming cost of an abortion in
Britain, an average of, 1000 Euros, depending on gestation period, “women are
starting to go to Amsterdam because it is much cheaper to go at 600 Euros”14
. For
this reason, women can be forced to continue unwanted pregnancies, instead of
having a termination. This is not due to a lack of choice, as it is a woman’s legal right
to leave the state for an abortion. Their financial position is in many cases, a huge
factor. With Government the recent cutbacks in Supplementary Budget April 2009,
this many lead to more crisis pregnancies for women from low socio-economic
backgrounds. From May, an average unemployed young Irish female will receive an
allowance, “reduced to €100 per week for new claimants under 20 years of age”15
.
Unemployed asylums seekers with papers have greater vulnerability and some subsist
on “19 Euros a week”16
. Ireland continues to have an ‘Irish solution, to an Irish
Problem’ after the legalisation in 1995, enabled access to abortion information and
freedom to leave the country to seek an abortion. However, with this supposed
‘freedom’ comes an entrapment for women in low socio-economic backgrounds.
More women in Ireland, in contrast to Britain have late term abortions. A simple
reason for this is that it may be unattainable for a woman with a low income to obtain
a private abortion in Britain. “Marie Stopes International (MSI) is the UK's leading
provider of sexual and reproductive healthcare services”. For their service, women are
expected to pay, for example, in the case of gestation “up to 14 weeks general
anaesthetic £620”17
for surgical procedure, excluding travelling expenses and
13
Lavenduski. J and Outshoom. J (eds), The New Politics of Abortion (London, 1986).p. 79
14
Irish Family Planning interview part 5 with Meghan Doherty (Policy Officer)
15
http://www.welfare.ie/syndicatedcontent/en/social-welfare-payments/unemployed-
people/jobseekers-allowance/ accessed on 27th
April 2009
16
Irish Family Planning interview part 6 with Meghan Doherty (Policy Officer)
17
http://www.mariestopes.org.uk/Fees/Womens_services/Abortion.aspx accessed on 16th April 2009

accommodation. An abortion for an adolescent would be extremely difficult, if they
want to conceal their pregnancy. As a result, it will take longer to access money
required. Therefore the procedure has to be postponed, thus leading to greater medical
complications. Both in terms of health and finances, the woman may become
vulnerable and more inclined to acquire money from a third party as the cost of
abortion increases by gestation period. The disparities in wealth do not provide
women who are financially vulnerable with their right, which entitles them to an
abortion overseas. It appears that this right can only be exercised when women are
financially secure. Although there are women who are middle class and experience
crisis pregnancy. Women who hold positions like lawyers may feel pressure because
of the male dominated environment. The implications for women having a child could
lead to the forfeit of their employment. Thus, in these cases, women may view the
termination, as an alternative in avoiding stigma or deprivation for themselves and
their child.
Abuse of Women
Until the 1990s, there were systematic failures by legislature, which appeared
to convey a complete ignorance to domestic and sexual violence. One of the
particularly shocking pieces of evidence is that marital rape, in the Republic of Ireland
has only been “directly covered by sexual assault legislation…since the 1990
Criminal (Rape) Act”.18
Since the Acts introduction, there appears to be a
significantly low conviction rate. This has been reinforced in the past by Ireland’s
Rape Crisis Network and articulated that, “action was urgently needed in Ireland to
tackle the "appalling" rape conviction rate of less than 10 per cent”. It was also
reported, in the article, that British Home Office Minister Vernon Coaker, has taken
recent measures to alter the methods employed to deal with rapists and victims. Fiona
Neary, of the network stated, that the Irish “Government and Department of Justice
had no such commitment to introducing similar measures”19
. Women who have
experienced abusive relationships often fall silent, as their situation was often viewed
as a private matter. With patriarchy “forced pregnancy, pregnancy as a result of rape
18
Coulter.C and Coleman. S (eds), The End of Irish History? (Manchester, 2003).pp. 104-5
19
http://www.independent.ie/national-news/rape-conviction-rate-appalling-say-campaigners-
1710151.html accessed on 17th April 2009

and actual or threatened use of violence during pregnancy are common strategies
employed by abusers”20
and with this women continued to be the victims of wife
battering and sexual violence. It is therefore difficult to find out how many children
have been conceived through the result of spousal rape.
A recent Irish study estimates that the prevalence of concealed pregnancy
is1 concealed pregnancy per 625 births in a Dublin hospital and 1 in every
403
A cent Irish study estimates that the prevalence of concealed pregnancy is
20
Coulter.C and Coleman. S (eds), The End of Irish History? (Manchester, 2003).pp. 105

in every 403
Dissertation Chapter 2: Access to comprehensive information on
'Sexuality and Reproduction' within Secondary Schools
Currently in Ireland, the vast bulk of schools, nationally are under Catholic
control (over 90%)”21
. Therefore the state’s influence has been largely excluded from
the control of 2,919 out of 3,156 national schools. With the previous rejection of non-
religious sex education in the national curriculum, there is only a modest amount of
research available on Irish Sexuality; the Irish education system was deemed to
remain conservative. Studies either in a qualitative or quantitative formulation have
not been greatly explored. However, this is slowly being rectified through the
Relationships and Sexuality Education (R.S.E) programme introduced into the
National Curriculum in 1995. In 2006 the first comprehensive nationwide study was
carried out by The Crisis Pregnancy Agency (C.P.A) and the Minister Mary Harney
TD from the Department of Health and Children, entitled “The Irish Study of Sexual
Health and Relationships”. Both bodies are cooperating to uncover the previous
limitations of R.S.E in post-primary education and alleviate them. The report covered
a wide range of issues, one of which was research based on Secondary School R.S.E
programme. The C.P.A discovered from their research that R.S.E is failing pupils
because of poor implementation. According to Mary Smith there is evidence from the
2006 report which states “two of the main problems are teacher discomfort and
pressure on the timetable”22
. The recent study showed compelling results of schools
that rejected the programme on a certain level. According to Katharine Bulbulia,
Chairperson of C.P.A “Young people consistently report that they are not receiving
comprehensive sex education at school. They go to their friends and the media to find
out about sex and relationships. Young people need information on how to deal with
sexual feelings and emotions. This need is now becoming particularly urgent as the
average age of first sexual intercourse is decreasing”23
.
21
Bacik Ivana, Kicking and Screaming Dragging Ireland into the 21st
Century: (Dublin, 2004).p. 34
22
Crisis Pregnancy Agency interview part 2 with Mary Smith (Research Officer)
23
http://www.vhi.ie/news/n220307a.jsp accessed on 24th April 2009

Issues preventing comprehensive R.S.E implementation
Afterwards the agency set out to implement the program of R.S.E in post-
primary education. However the programme lacked credibility because full
implementation does not take place in Catholic schools and unfortunately with the
school system there are loopholes due to individual ethoses. The lack of government
influence in the education system and the heavy influence of the Catholic Church,
research by Mayock et al (2007) shows that “among 187 post-primary schools
(response rate of 76%) showed that the proportion of schools not teaching R.S.E to
their pupils rose from 11.3% for first year to 33.3% for sixth year”24
. From this,
hierarchical Church control manifests itself in social institutions, in particular
education. Schools retain the right to have an individual ethos. The guidelines tend to
be on a religious line and therefore control what can be taught in the classroom. The
power granted to schools therefore means R.S.E is a lottery: a young adult could be
disciplined in comprehensive sex education or be naively informed with the
abstinence only programmes.
One of the key issues in sex education is the prevention and treatment of
Sexually Transmitted Infections and Diseases. Although this problem is not isolated
to the Republic of Ireland, they cannot be ignored. As there are startling statistics
showing “the incidence of sexually transmitted infections (STI) has increased by over
400%”25
. For this reason, there is an overwhelming responsibility to provide young
people with resources relating to sex education. This includes the use of
contraception, “as recent surveys from three health board areas show that 25% of Irish
teenagers are sexually active by the age of 16”26
. Anne Kennedy, the chief executive
officer for LIFE, a non-directive counselling service, believes that sex education has
to be implemented to reduce the numbers of crisis pregnancies in Ireland. Alike with
Pro-Choice groups, she believes sex education should be available in Irish post-
primary education. However Kennedy, as Pro-Life representative feels, “there needs
24
The Irish Study of Sexual Health and Relationships Sub-Report 3: Sexual Knowledge, Attitudes and
Behaviours-A Further Analysis p. 10
25
http://www.munster-express.ie/local-news/teenage-sex-education-ignorance-and-false-beliefs-must-
be-banished-forever/ accessed on 27th
March 2009
26
http://www.irishhealth.com/article.html?id=5031 accessed on 27th
March 2009

to be awareness of the value and worth of people as individuals…responsibility…for
your own life and health”27
. Abstaining, from sexual encounters, through information
and discussion in the classroom, thus will help young people overcome initial
curiosities of sexual intercourse. This is an area that does require exploration as sex
education appears too driven on the biological aspects. The point made by Kennedy is
refuted by the Irish Family Planning Association (IFPA) policy officer Meghan
Doherty. The organisation believes that “a combination of education and access to
services would reduce the number of crisis pregnancies, STI’s and sexual violence”28
.
To an extent I agree with the comments made by the LIFE representative. Individuals
must be informed, of the emotional aspects of being sexually aware or changes in
their body during puberty however not at the rejection of information about
prophylactics which Anne Kennedy refused to address during the interview.
With predominant control of the Church in the National Curriculum,
adolescents are “not allowed to discuss homosexuality, obviously not abortion and
contraception”29
. The flaw in the curriculum means certain groups of students are
being excluded from the discussion. Discrimination continues even with the existence
of, the Schools and the Equal Status Act enacted in 2003. The Act “requires that
schools do not discriminate across the nine grounds”30
which include prohibiting
discrimination on the grounds of sexual orientation. People are having sex regardless
of whether or not they receive sex education. Along with increases in STI/Ds, HIV is
rising and “many young people are clearly unaware of the risks of heterosexual
transmission. Of a total of 356 newly diagnosed cases of HIV in 2004, 178 were
heterosexually acquired”31
. HIV is commonly misconceived as a virus, which only
infects gay men and intravenous drug users. Therefore, it would be incompetent for
schools to continue to deliver poor RSE. Helen Keyes for Choice Ireland stated “some
teachers in Ireland push the envelope a bit and teach kids about condoms…at the
jeopardy of their jobs”32
. There is something fundamentally wrong that teachers are
putting their careers at risk, in order, to inform young people about contraception
27
LIFE Interview part 4 with Anne Kennedy (CEO)
28
Irish Family Planning Association interview part 2 with Meghan Doherty (Policy Officer)
29
Choice Ireland interview part 2 with Helen Keyes (Activist)
30
http://www.sess.ie/sess/Files/Schools_and_Equal_Status_Act.pdf accessed on 23rd April 2009
31
Arnett. Jeffrey Jensen, International Encyclopedia of Adolesence: AHistorical and Cultural Survey
of Young People Around the World. (2007).p. 485
32

which is legally available in Ireland. Access to contraception has advanced
significantly, as until 1973 married couples did not have the right to importation of
contraception for personal use. The McGee case overturned this ban “condoms then
were illegal unless prescribed through your doctor”33
and this right was merely
granted to married couples. Although the case did not directly involve condoms it
highlighted the challenge in Ireland to have reproductive rights.
Schools display systematic shortcomings in the provision of information
regarding sex education. The education system does not implement duty of care to its
pupils, especially those most at risk of having little exposure to education. According
to Mary Smith, those students who come from low socio-economic status are less
likely to stay in education longer. The age of a young person receives R.S.E. has to be
addressed as, “early school leavers in this country are leaving before the actual lesson
on contraception etc...Often they are amongst the most vulnerable”34
. During the
interview with Mary Smith of the C.P.A, she reiterated that young people from this
background are continuously failed, because for many, their future holds no hopes and
aspirations. Some feel worthless and it transpires, that some with little chance of
prospects choose to have children, even as “a single parent, in those circumstances at
least they are somebody’s mother or father”35
.
Abstinence only education was raised by John Manly and Helen Keyes during
their interviews. This social policy was implemented at the beginning of the former
president George .W. Bush administration with more than “$1bn of federal
money…promoting abstinence since 1998 - posters printed, television adverts
broadcast and entire education programmes devised for hundreds of thousands of girls
and boys”. The evidence from the ‘zipped up’ policy has shown the programme as a
categorical failure. “Mathematica Policy Research sampled teenagers with an average
age of 16 from a cross-section of communities…About a quarter of each group had
had sex with three or more partners”36
. This point, was reiterated during the interview
with Choice Ireland activist Helen Keyes, she stated “if you look at America with the
33
34
35
36
http://www.guardian.co.uk/world/2007/apr/16/schoolsworldwide.usa accessed on 23rd April 2009

different strategies of teaching abstinence only versus proper sex education, the
statistics speak for themselves”37
. The evidence from the programme demonstrates
that abstinence only education is a failure as teenagers continue to engage in sexual
intercourse. In Ireland the law states that the age of consent for all, heterosexual or
homosexual, is seventeen, a year higher than that of the United Kingdom. However,
even with this type education or comprehensive R.S.E: alcohol, drugs and peer
pressure, can impair inhibitions, resulting in sexual activities. The evidence shows
“Irish adolescents are among the most regular users of alcohol and illegal drugs in
Europe. Over half of Ireland’s adolescents begin experimenting with alcohol before
the age of 12 and, by the time young people reach the age of 15 or 16 years, half of
the girls and two-thirds of boys are current drinkers”38
and consequently necessitates
the requirement of guidance, discussing with young people the consequences of
underage drinking and drug taking.
Abstinence only education focuses on employing myths in the classroom and
sets them out as fact. The report, created by Representative Henry A. Waxman
investigated the abstinence only programme in operation across the United States and
found false claims were being taught in the classroom. The evidence from the report
show “that two of the curricula were accurate but the 11 others, used by 69
organizations in 25 states, contain…outright falsehoods regarding reproductive health,
gender traits and when life begins”39
. Pro-Life group Family and Life argue that
giving students more access to tools in Relationship and Sexuality Education will in
fact, misguide young people even further. However, all those interviewed for the side
of Pro-Choice, believe compressive sex education is a necessity even in taboo such as
contraception. It is worrying that, a number of people are engaging in sexual acts,
without prior knowledge of all the facts that could be detrimental to their reproductive
health. A more thorough program of R.S.E will provide pupils with choice. Not solely
for prevention of pregnancy, but, also protection from STI/D’s. Therefore, lowering
crisis pregnancies and STI/D’s rates and facilitating prevention of HIV. Classroom
discussions must provide pupils with a comfortable and safe environment, which
37
38
Arnett. Jeffrey Jensen, International Encyclopedia of Adolesence: AHistorical and Cultural Survey
of Young People Around the World. (2007).p. 485
39
http://www.washingtonpost.com/wp-dyn/articles/A26623-2004Dec1.html accessed on 23rd April
2009

enable them to open up to Sex educators and their peers. However, it is difficult as
“the distinctiveness of the Irish school system from a religious viewpoint is not so
much the denominational character of schools supported by the state, but rather the
denominational control exercised by clergy and religious orders rather than lay
representative bodies”40
.
The argument put forward by Garvin is that “the church did not provide
education ‘merely out of the goodness of its collective heart’ but rather because it
sought to ‘recruit faithful servants, soldiers of Christ... and Catholic leaders of a
Catholic people’”41
. I believe this is fragmenting as the Catholic Church has shifted
to modernise to an extent, in order to accommodate liberal thinkers and retain some
influence since secularisation has increased in Éire. Yet the power upheld by the
Catholic Church refuses to be eradicated as the government cannot afford to purchase
all of the schools under religious orders’ control. Through legislation “major reforms
to the education system were introduced in the Education Act 1998, the Act preserves
the system of ‘patronage’, so that schools are still obliged to uphold the religious
ethos of their patron; in most cases their local bishop”42
. Consequently it is almost
impossible for the government to step in and take over.
One of the factors which may inhibit the progress of greater access to sex
education according to Independent Senator Ivana Bacik, is the current economic
downturn, although this is not merely an issue to solely effect Ireland. The Crisis
Pregnancy Agency currently is being “somewhat downgraded in the current financial
recession…subsumed by the Department of Health”43
. The government funded non-
directive counselling service which provides women with all three options has
evidently seen success since their creation in 2001 with crisis pregnancies. The
financial situation further puts women at risk if cuts are being made.
In the 1998 Education Act “Rule 68 provides that, ‘Of all parts of the school
curriculum religious instruction is by far the most important…Religious instruction is,
40
Adshead. M, Kirby. P and Millar. M, Contesting the State lessons from the Irish case:
(Manchester , 2008). p. 7
41
(Manchester , 2008). p. 8
42
Century: (Dublin, 2004).p. 35
43
Interview part 8 with Ivana Bacik (Independent Senator)

therefore, a fundamental part of school course, and a religious spirit should inform
and vivify the whole work of the school’”44
. This integral part of the education system
shows an empirical requirement for change and modification. Since the removal of
the ‘special position’ of the Church from Bunreacht na hEireann (constitution) in
1972 it is evident their position remains extremely powerful. Due to this overriding
factor, it is difficult to implement programmes properly without in depth religious
input. Tools outside of the Churches jurisdiction should be implemented with matters
concerning the sexual and reproductive health of adolescents. Information is vital in
the classroom, to uphold the safety of students. Responsibility is placed with teachers
and guardians, to present all the options, for students who are possibly already
sexually active or are thinking about engaging in intercourse. Clearly education has to
go further, moving on from simply biological functions of sexual contact.
I do not agree with the promotion of chastity only programmes being
implemented in the classroom. Manly of Family and Life believes through education
emphasising chastity would assist young peoples “conviction which will lead them to
forgo the immediate pleasure for something better”45
. He is aware that people have to
be educated to an extent in order to prevent a return “to the days when two people got
married and they still didn’t know what they should be doing”46
. The representative
for Family and Life suggests that RSE should be implemented in post-primary
education, but not with the explicit detail found in education systems in the United
Kingdom with the “highest teen pregnancy rate in Western Europe…showing them
the mechanics of all this, seems whatever the purpose is to have the opposite effect”47
.
However the evidence correlated in this chapter refutes Manly’s claims. Young
people require information about the emotional implications of becoming sexually
active. With STI rates swelling it is crucial to educate post-primary school pupils the
detrimental effects to long term health, in terms of fertility and morbidity. The
problem will only continue if there is complete ignorance towards particular groups in
society. Furthermore, misinformation can have detrimental effects, for example
people may be given the wrong time period about when Emergency Contraception is
44
Century: (Dublin,2004).p. 38
45
Family and Life Interview part 4 with David Manly (Spokesperson)
46
47

most effective. However Ireland has moved on radically with the issue of access to
contraception.
Dissertation chapter 3: The debates between Pro-Life and Pro-
Choice campaigners
In the Republic of Ireland abortion is a huge moral and ethical issue and for this
reason, the people are deeply divided. The procedure remains illegal in Ireland,
“abortion seemed to be prohibited perfectly adequately by the 1861 Act”48
. However,
on several occasions there have been attempts to amend the constitution. The Law
does not allow abortion within the state, unless there is real and substantial risk to
woman carrying the foetus. Cases ‘X’ (1992) and ‘C’ (1997), have highlighted and
interpreted the constitution through Supreme Court rulings. ‘X’ became pregnant after
rape, and threatened to commit suicide. As a result the Supreme Court granted ‘X’ the
right to abortion in England, the case continues to be precedent in Ireland. The
Republic of Ireland has a written constitution and therefore any amendments to this,
have to be passed by the Irish electorate through referendum. The issue of abortion
has resulted in several referendums. Consecutive governments have continued to
avoid addressing the political ‘hot potato’ in legislation. Instead, the Courts have been
consulted to interpret the ambiguous Eighth Amendment to the constitution.
Therefore women, will continue to have their reproductive rights subjected to
scrutiny. As a result, those who choose abortion will have to endure a journey to abort
their pregnancies legally outside the state. For this reason, the subject of abortion has
developed further in Ireland. Pro-Life campaign groups believe that the current state
of the law is very lenient. Women have the right to travel outside of the state in
normal circumstances and abortion up to birth, if there is real and substantial risk and
does not support the right to life of the ‘unborn’ sufficiently. Whereas, the argument
presented by Pro-Choice shows that, current legislation is restrictive towards female
reproductive rights. The argument put forward by Pro-Life groups, is to protect the
right to life of the ‘unborn’ which remains undefined. The foetus does not have the
ability to express an opinion and therefore people campaign to protect their life from
conception to birth.
48
Collins. N and Cradden. T, Irish Politics Today: Fourth Edition. (Manchester, 2001).p. 84

In this chapter I wish to examine each of the laws, cases and amendments
made to previous stature. By using face to face interviews carried out in Dublin, I had
the opportunity to speak to campaigners on both sides of the abortion debate. I invited
those groups to answer questions relating to the current state of the law and their
desire for amendments to be made. In order to thoroughly understand, the nature of
the debate on abortion, it is imperative to explore the various stages of legislation in
place to provide rights for women and the ‘unborn’.
Chronology of Abortion in Ireland
1861
When the State was controlled by the British Government, the Irish Free State
used the Offences Against the Persons Act 1861. After independence from Britain,
Ireland retained the Act. Since then, the state has had one of the most restrictive laws
on abortion in the Western world, although this would be argued by individuals from
a Pro-Life perspective. The original 1861 legislation declared abortion an offence,
punishable by life imprisonment, for a woman found to procure her own abortion or
assisting the procedure. Women who required abortions were driven underground
through fear of prosecution for the illegal act. The Offences Against the Persons Act
remain part of legislation, in the Republic of Ireland.
1983
In 1983, the constitution was altered, “which reinforced the existing
prohibition on abortion”49
through the Eighth Amendment Article 40.3.3. This
amendment provided the ‘unborn’ with the same constitutional right to life as the
mother. However, there were examples of women who suffered death because of the
Eighth Amendment rights, of the ‘unborn’, “a woman in the late 1980s died because
she was refused chemotherapy treatment because her unborn would be affected”50
.
The right to life of the ‘unborn’ in this case over rid the right to life of the suffering
woman.
1992
49
Lavenduski. J and Outshoom. J (eds), The New Politics of Abortion: (London, 1986).p. 67
50

The ‘X’ case in 1992 received huge media attention and catapulted the subject
of abortion into the public domain. The parents of ‘X’ had contacted the Gardí to
enquire if a DNA sample could be used in any future criminal proceedings. The 14
year old rape victim had already travelled to England for the termination. The High
Court intervened and Attorney General, Mr Harry Wheleham ordered ‘X’ to return to
Ireland. As a result, the case went to the Supreme Court. The case made the public
extremely divided. ‘X’ stated that she would commit suicide, if made to carry on with
the pregnancy. For this reason it was contested that the law should be extended to
cover this as reasonable ground for an abortion. Justice McCarthy granted the rape
victim the right to an abortion in England, because her immediate health was in
danger, “that set a precedent…including the risk of suicide to the woman”51
. The
1983 amendment was interpreted, due to its ambiguous phrasing The Supreme Court
therefore interpreted the constitution to extend, to the risk of suicide. David Manly
representative of Family and Life addressed the case of ‘X’. He believed an error was
committed by granting a legal abortion to ‘X’. Manly stated the case was
systematically flawed because the man appointed to examine the fourteen year old
mental state was a psychologist. As well as no medical qualifications “this particular
man was actually from England and was strongly favour of decriminalising
abortion”52
. Manly, believes the English psychologist had an ulterior motive of self
interest and could not identify with the state of the law in Ireland. Pro-Life
campaigners were discontented as this gave, yet another justification for a woman to
abort her ‘unborn’ foetus- they sought to tighten the laws even further. Pro-Choice
groups like Choice Ireland had opposing views. The law did not guarantee the legal
reproductive rights, as women were unable to access to safe and legal abortions within
their own jurisdiction. As a result, in November 1992, Irish people were consulted
through referendum to answer three proposed questions. Two of the three were
passed, “the third, on the substantive issue of abortion itself, was defeated”53
.Women
were therefore legally entitled, to information and freedom to seek abortion abroad.
Prior to the 1992 legislation on abortion information, “magazines coming from
51
I.F.P.A interview part 9 with Meghan Doherty (Policy Officer)
52
Family and Life interview Part 9 with David Manly (Spokesperson)
53
Collins. N and Cradden. T, Irish Politics Today. Fourth Edition. (Manchester, 2001).p. 85

England would be stopped by customs and have the back pages torn out which had
ads for abortion clinics in them”54
.
1995
The November 1992 referendum was legally enacted in 1995, three years
after the initial debate. Women, to an extent were legally entitled to exercise their
reproductive self-determination. Economic difficulties stopped many women
accessing legal abortion outside of the state. At this point, the vast majority, who were
able to travel, had the medical procedure carried out privately in the United Kingdom.
The I.F.P.A believes that there is a distinct lack of access to information even with
implementation of the Regulation to Information Act 1995, as “a lot of women
ringing up our services wouldn’t even know it is illegal to have an abortion in
Ireland”55
. The statement made by Kennedy evidently, conveys, why women continue
to be in a state of confusion over what is lawful. “The Abortion Information Act is
very precise…it is not a rights based law. We don’t have a right to information…the
law just regulates”56
the manner which agencies can give the information.
There are further limitations of the Regulation to Information Act 1995. Rouge
pregnancy counselling agencies have the ability to masquerade their services. Some
state that they provide information about abortion in counselling to attract vulnerable
females. In Ireland there “there is no regulation of agencies…the state only funds
agencies which are reputable”. Therefore rouge agencies like Women’s Resource
Centre in Dublin can advertise their services in the Golden Pages. If a woman
approaches this rouge agency, they can be “very directive and sometimes even show
videos which actively try to dissuade women from having abortions”57
. Therefore the
1995 Act does not go far enough to safe guard the rights of women who experience
crisis pregnancies. The activist Helen Keyes, Choice Ireland went undercover to a
54
Choice Ireland Interview part 4 with Helen Keyes (Activist)
55
I.F.PA interview part 4 with Meghan Doherty (Policy Officer)
56
LIFE Interview part 6 with Anne Kennedy (CEO)
57

rouge agency to obtain first hand experience of the procedures they use to break down
vulnerable women.
1997
The precedent set by the ‘X’ case was used in the Supreme Court in 1997.
This case involved Miss ‘C’, a thirteen year old who was pregnant as a result of rape.
The case was similar, to the circumstances of ‘X’ only five years prior however the
girl was in the care of the State. Miss ‘C’, like ‘X’ threatened to commit suicide, if
forced to continue with the unwanted pregnancy. A court battle ensued, after, which
‘C’ was granted a legal abortion in England. Pro-Choice groups were infuriated and
could not believe another vulnerable adolescent could be subjected to the same
traumatic ordeal as ‘X’. However, Pro-Life believed, this was a deplorable act as it
subjected the victims ‘X’ and Miss ‘C’ to a double violation of the female body and
the ‘unborn’. They continue to believe female survivors after rape do not have the
legal right over the ‘unborn’ to abort their pregnancies. According to Manly, “any
abortion even in the case of… rape, you are taking the life of an innocent child”58
Each of the interviewees from a Pro-Life perspective agreed with the comments made
by Manly.
2002
In 2000“The Fianna Fail/PD government eventually set up an Oireachtas
committee to look at the legislative options available to the Dáil in light of both the
requirement of the constitution and the judgement in the X case”59
. The three main
political parties, Fianna Fáil, Fine Gael and Labour made up the committee. After
almost twelve months of deliberation, the Oireachtas committee failed to reach an
overall consensus. As a result, in 2002 the Irish electorate were asked to participate in
the regressive referendum ten years after the ‘X’ case. The people were asked if the
precedent should be repealed, therefore, excluding suicide entirely, as a real and
sustainable risk to the woman’s life. The results of the vote, for Pro-Choice
campaigners were shocking. However, it is important to comment that the debate was
defeated by a narrow margin. The opposition were also disappointed with the results.
Anne Kennedy of LIFE desires a total constitutional ban on abortion in Ireland.
58
Family and Life interview part 5 with David Manly (Spokesperson)

Abortion within the Ireland even in 2002 is a complete rarity as Bacik stated “the all
party committee on abortion reported …in 2001-2 that…one or two abortions were
carried out …where there was a physical risk to the woman’s life”60
.
2007
The most recent case in the abortion debate is that of Miss ‘D’ in 2007. This
case was very different to that of ‘X’ and ‘C’, as the pregnancy of the seventeen year
old was very much wanted. Keyes explained the difficulties ‘D’ experienced, after
learning the condition of the ‘unborn’, “she was going to be taken abroad by the HSC
to get an abortion but the social worker, working on her case rang the police”61
.
Anencephaly is a foetal abnormality which effects the brains development. The
abnormality always proves fatal, the foetus would be ‘still’ born or experience a few
hours of life before dying. Miss ‘D’ could not find justify carrying on with the
pregnancy, potentially full term. This highlights that abortion is not always a desirable
right of female reproduction. Miss ‘D’ had to travel outside the state because the
foetal abnormality was not a direct risk to her own physical health. Pro-Life fail to
grasp; there are emotional and physical impacts on a woman who has a wanted
pregnancy and it is not viable. Pro-Life believe if there is a chance of life, even for a
moment, this is precious and reinforces the right to life of the ‘unborn’. However, as I
have a Pro-Choice perspective, I believe it is deplorable that any woman should have
to travel outside the state for an abortion, in any circumstances of pregnancy. Women
are being punished, to an extent, when they are forced to leave the state, in search of
solace. From the I.F.P.A interview, I was deeply disturbed by the information I
received from Keane, of “women bringing back their dead foetuses in shoe boxes and
golf caddies, in their luggage”. This is an extreme example; those women fear
prosecution as they return home it to burry their dead foetus.
60
61

Currently the state of the law in Ireland appears to show an “Irish solution to
an Irish problem”. Support for a candidate could be at jeopardy if they appeared to be
openly Pro-Choice and therefore consecutive governments continue to ignore the
issue of abortion in Irish politics. The Pro-Life lobby in Ireland continue to be the
dominant player and receive greater funding than their Pro-Choice counterparts. The
2002 referendum appears to convey that Ireland is returning to a level of moral
conservatism. Ten years before, public opinion favoured the right of ‘X’, a teenage
rape victim who was seeking an abortion in the jurisdiction of England. It appears the
Government are willing to give women reproductive rights to an extent, enabling
them to control their family planning. Women have the right to abortion outside the
state, however for various reasons women cannot exercise this right. Therefore this
puts women at risk from crisis pregnancies. There have been shift in attitudes towards
abortion however Kennedy refutes the slogan, “free, legal and safe except, that free-
that the taxpayer will pay for it, legal-the state will recognise the destruction of
‘unborn’ human life as perfectly legal and safe…It is certainly not safe for the
baby”62
. Manly of Family and Life argues “If wombs had windows no one would
have abortions”63
. During the interviews he discussed the two other options of
parenting and adoption. He believes “open adoption…should demythologise the
whole idea of crisis pregnancy”64
. Pro-Choice counselling groups, like the Crisis
Pregnancy Agency have a positive potion program. Women who experience crisis
pregnancies have the ability to choose one of the three options which suits their
circumstances. Further to this Pro-Choice representatives desire legalisation of
abortion in Ireland. During the interviews most opinions were consistent with one
another on the side of Pro-Choice. However I found that Senator Bacik and Doherty
of I.F.P.A would like different legal models in Ireland. Bacik would like to implement
the Roe v Wade judgement which took place in the U.S and Doherty would like
Ireland to introduce the “Canadian Model…in that there is no legislation that governs
abortion. It’s considered a health and medical issue and is dealt with under medical
guidelines”65
.
62
LIFE interview part 7 with Anne Kennedy (CEO)
63
64
65

Dissertation Chapter 4: The industrialisation of women in Ireland
via sexuality
During the course of the 19th
Century, Britain experienced a rise in “Rescue or
Penitentiary” 66
institutions. They facility was designed for the “detention or
rehabilitation for all classes of ‘fallen’ women”67
. Social and spiritual re-education of
prostitutes was the original aim of the rescue movement. The rescue movement was
adopted in the Irish Free State. The state ran asylums for both Catholic and Protestant
women. The asylums offered security for girls and women, most in Ireland had little
prospects. The asylums gave disadvantaged people with food and accommodation.
Prostitutes “who entered Magdalen asylums…often used the facilities to ‘retire’ from
their occupation, or at least take rest bite”68
. For many without an income, the
asylums provided stability. Female sexuality was completely restricted in the morally
conservative state. Women who were afflicted by the sins of the flesh had the
opportunity through the ‘recue’ movement to be saved. Once rehabilitated, those
women could rejoin society, cleansed of their previous sexual misdemeanours.
Rise of Industry in asylums
Demand for social rehabilitation programmes increased, the original Sisters of
Charity multi-dimensional arrangements of the organisations altered, “as late as 1900,
63 percent of all convents were still engaged in more than one enterprise”69
. The
previous regulations were modified to save women and girls who were potentially
sexually devious or at risk from others. Orders of Nuns began to specialise in asylums
to prevent women from the perils of immoral life. Furthermore to saving women,
asylums, could be profitable Thus, there was justification to find more women to take
their place as unpaid workers. In response to opportunity, the Catholic Church
introduced a number of asylums across the state. The achievement of the programmes
was disputable; there were inmates from all classes, who refused to remain, due to the
66
Finnegan. F, Do Penance or Perish Magdalen Asylums in Ireland. (Oxford, 2004) p. 1
67
68
Luddy. Maria, Women in Ireland, 1800-1918: a documentary history (Cork, 1995).p. 8
69
Magray. Mary. Peckham, The transforming power of the nuns Women, Religion & Cultural
Change in Ireland, 1750-1900: (Oxford,1998).p. 78

awful living conditions. Therefore those unreformed women, returned to the streets,
“without training of character, further demoralized, and now with an added stigma”.70
Asylums in the State quickly fell under the will of Church and in many cases, entirely
managed by nuns “exercised considerable spiritual authority over others. In doing so,
these women assumed the very powerful role of religious mediator”71
. The nuns,
were supposed to mentor ‘fallen’ women, however, some abused their position of
maternal authority. Originally females were put in the asylum for spiritual solace. In
order to repent their sins, female residents were required to take a vow silence.
Female asylum inhabitants worked in the ‘laundries’ and with the service industry
rising, the institutions soon became a permanent fixture. For this reason, females were
confined to the asylums indefinitely. Finnegan echoes and confirms that, “prostitutes,
unmarried mothers and victims of incest, seduction or rape, spending years, or
sometimes lifetimes, in unregulated and supposing ‘short-term’ homes”. (pg. 4) this
refutes the original purpose of the establishment of the rescue movement. In refuges
such as the Good Shepherd Asylums, the solution to sexually devious behaviour
appeared, to be lifetime confinement.
With an increased demand of physical labour in the primitive laundry rooms,
more women were required in the industry. Therefore, further objectives were added
to the rescue program, including women or girls who were potentially a sexual threat
to themselves. Attractiveness was categorised as a reason for females to be put in
servitude, for their own protection from immoral offences. It appears beauty was of
grave offense to the Catholic Church. Men were not included in the program and for
this reason many lured females into illicit lesions without fear of reprisal.
Furthermore, in many cases, women and girls assigned to the institutions were
unaware, of the reason, for their incarceration. Many had been summoned by their
parents through advice of a priest to these laundry rooms as protection against the
elements of sexual debauchery. “The woman breathing purity, innocence and grace,
receives the woman whose breath is the pestilence of hell!”72
is an extreme statement
which shows the discourse of many females who experienced life in asylums.
Flirtatious young women, those suffering mental or physical disabilities were also
70
71
Magray. Mary. Peckham, The transforming power of the nuns Women, Religion & Cultural Change
in Ireland, 1750-1900. (Oxford,1998).p. 48
72
Catriona Clear, Nuns in Nineteenth-Century Ireland. (Dublin, 1987) p.153

confined, in order, to protect them from the perilous cruelties of living in the outside
world. However, as the asylums veered away from its original intentions of a
somewhat rescue program, the women became prisoners of the institution, or some
may voice, prisoners of the churches. “In the Home of the Good Shepherd the one
[the nun] is ever the ‘mother’, while the other [the penitent] is always the child”73
regardless of age and class. In contrary to this maternal hand of care, the mental
demoralisation and the physical abuse that the inmates experienced remained evident
after the closures of the institutions. However, the penitents were not only, the victims
of abuse, as it is reported of inmates, “sacrificing their hair to effect an ill sister’s
recovery.”74
This clearly illustrates the anger and hatred in those women’s lives
towards their keepers and the result of institutionalisation.
Abuse of the ‘laundries’
Overtime, the demand for the laundries declined, due to the advances in
technology, the woman’s role had been superseded, with, the arrival of the washing
machine. Many of the victims of systematic abuse were too institutionalised to re-
enter society. Some of those women were put in mental institutions after the final
closure of the Magdalen laundries in 1996. Women and children were stripped of their
femininity; shaven heads and sack like uniforms were used to disguise silhouettes.
Many had their names changed and when those women were freed it made it
extremely problematic to make contact with their original family or adopted babies.
After giving birth outside of marriage it was almost impossible to maintain contact
with their children, most were given up for adoption Modern servitude operated until
1996 which showed, women continued to be repressed well into the late twentieth
century. After the Catholic Church sold the Good Shepherds asylum, Dublin. In 1993
a mass unmarked grave within the asylum grounds was discovered during excavation
of the site. Of the133 bodies found a mere, 75 had a death certificate. This sparked a
massive scandal and exposed the Catholic Church. Society and victims families
demanded justification for the controversial acts. Women came forward with their
stories of neglect by Church in the Channel 4 1998 documentary “sex in a cold
climate”. With the Irish population predominantly Catholic, Ireland was faced with an
73
Finnegan. F, Do Penance or Perish Magdalen Asylums in Ireland. (Oxford, 2004) p.19
74
Finnegan. F, Do Penance or Perish Magdalen Asylums in Ireland. (Oxford, 2004) p.25

uncomfortable legacy, of an account in their recent history associated with the
Catholic Church. Although, those institutions have come to a recent end, they are still
in operation throughout the world.
Modernisation of Women
For women who were not subjected to life in the ‘laundries’, life still had
limitations. With the redundancy of women to the home and the lack of reproductive
self-determination, “the vision of the situation…inspired the Irish Feminist movement
which emerged in Ireland in the 1970s was one of fairly unrelieved gloom”75
. This
movement was largely spearheaded by the urban middle class, missing the large part
of society, who were poor and resided in rural settings. On one hand, the female
gender, which was previously misunderstood, was now accelerating towards freedom
of choice. The opportunity for work outside of the home was in greater demand
during the 1990s as the Irish economy boomed giving birth to the Celtic Tiger. O’
Connell highlights, “this ‘sudden transformation – from sick man of Europe to
European Tiger – appears to have misconstrued the gender of the animal”76
. Over the
last thirty years there has been a dramatic rise of women entering employment. This
challenged the traditional patriarchal outlook of “the women being financially
dependant on a male breadwinner.”77
As radical feminisation increased further in the
1990’s, battle for equality proceeded. On issues such as the wage gap, woman
remained, “at the bottom of the pay hierarchy”78
. With Irish involvement in Europe,
female workers craved the rights of women in other European countries in the work
force. On the other hand, some women felt pressurised into altering their aspirations
of staying at home and nurturing a family or choosing motherhood over a career
outside the home. It appears that women were driven by the movement and the
economy and it is assumed every woman wanted to be part of the workforce. The role
of women has changed dramatically in Ireland in the later part of the twentieth
century. When compared to the ‘laundries’, women now have rights to equal
75
Coulter. C, The hidden tradition: Feminism, women and nationalism in Ireland. (Cork, 1993).p. 41
76
O’Connor. P, Emerging Voices Women in Contemporary Irish Society: Second edition. (Dublin,
1999).p. 2
77
1999).p.188
78
1999).p. 197

opportunities. The passive nature of female sexuality has only been recently re-
explored. Studies previously believed the act of stimulation of the clitoris or
penetration itself was not pleasurable to female participant. This fallacy was a
common misconception throughout the world. Women displaying abnormal
behaviour were deemed hysterical.

Chapter 5: The Liberalisation of women’s access to contraception
Access to Contraception and attitudes towards sex outside of marriage, have
both improved significantly in the Republic of Ireland. Over the past thirty years, the
constitutional ban on the importation and distribution of contraceptive devices has
broken down. “Human Vitae –a widely discussed Roman Catholic encyclical in the
1960s-condemned ‘artificial’ contraception as immoral”79
. Irish second wave
feminism took place in the early 1970s; the Women’s Liberation Movement in 1971
were the first women’s group to publicly highlight the issue of access to
contraception. The Movement staged what “became known as the ‘contraceptive
train’-involving travel to Belfast and the purchase and public importation of
contraceptives”80
. This publicity stunt raised awareness of the lack of lack of legal
contraceptives and family planning rights within the state. Only two years after the
‘contraceptive train’, the McGee v Attorney General (1973), case discussed in chapter
3 was the result of the personal struggle of one woman and her right to contraception
for personal usage within marriage. For the first time legislation was made regarding
contraception “in 1979 Charles Haughey, then minister for health pushed through a
Family Planning Act that modestly allowed condoms, diaphragms and the pill to be
sold in chemist’s shops to married couples”81
. This, first step to modernisation of
contraception access was crucial. The McGee case provided the catalyst for the 1979
Act. In spite, of this case, the ban on contraception remained, if people were not
married. The current liberalisation of contraception in Ireland is very different to that
of the restrictive period from the initial ban on contraception through the Criminal
Law Amendment Act 1935 to the 1970s.
79
O’Connor Pat, Emerging Voices Women in Contemporary Irish Society: Second Edition. (Dublin,
1999).p. 61
80
1999).p. 75
81
Ardagh. J, Ireland and the Irish page. Portrait of a Changing Society. Second Edition. (London,
1995).p.182

The case for contraception and the problems with implementation
The moral right retained their discourse on ‘artificial’ contraception, especially
condoms. During the 1980s, attitudes in Irish society slowly changed towards sex
outside of marriage. This is evident; in Ireland as 1 in 3 births take place outside of
marriage. However liberalisation of attitudes did not extend to the law; the right to
reproductive self-determination remained illegal to singles. After the highly published
‘contraceptive train’, the struggle, at this point was far from over, condoms were the
subject of scrutiny. During the interview with I.F.PA, Richie Keane, recounted his
personal involvement with the “campaign to get condoms legalised, for year’s
installing illegal condom vending machines to break the law”82
. The possibility of
prosecution by the Gardí did not deter Keane from pursuing the illegal act. He
recognised individuals, should have the legal right which could, promote protection
from infections caused by sexual contact and crisis pregnancies. The need for vending
machines was necessitated with “anxieties about AIDs in the early 1990s leading to
the definition of condoms as a public health issue and hence their availability in
vending machines in 1993”83
. People at this point still had misconceptions over the
use of contraceptives. Women, “being prepared, in terms of carrying condoms, was
‘loose’ and cast aspersions of their respectability”84
. However the evidence from the
“Irish Contraception and Crisis Pregnancy [ICCP] Study A Survey of the General
Population”, figure 3.17 suggests attitudes have shifted of the subject of
contraception as 69 per cent of people interviewed state a woman is not ‘easy’ if
carrying condoms outside of a relationship85
.
82
I.F.P.A interview part 8 with Richie Keane (Spokesperson)
83
Adshead. M, Kirby. P and Millar. M, Contesting the State lessons from the Irish case.
(Manchester, 2008).p. 153
84
1999).p. 180
85
The Crisis Pregnancy, Irish Contraception and Crisis Pregnancy [ICCP] Study
A Survey of the General Population. (September, 2004).p. 105

Source (http://www.crisispregnancy.ie/pub/Rep7.pdf)
Furthermore to this there was a problem with the promotion of myths about
contraceptives to deter people from using ‘artificial’ contraception, one example is
“condoms fail to prevent HIV transmission as often as 31 per cent of the time in
heterosexual intercourse”86
. ‘The pill’ is another method of contraception, which
carries misconceptions, in fact the pill, is extremely effective in almost all cases “it is
estimated that ten women in a thousand will become pregnant annually using reliable
methods of contraception such as the combined pill and the progesterone-only pill”87
.
This refutes any arguments which claim high levels of pregnancy while taking ‘the
pill’. Pro-Life agencies like Human Life International promote this type of
propaganda. This unfortunately has continued to be the case in the present day. This
type of information has to be regulated by the government in order to protect the issue
of public health.
Refuting Abstinence and natural methods
Abstinence before marriage was promoted by the Catholic Church; sex was an
act within marriage for the purpose of procreation. People who engaged in sex before
86
http://www.washingtonpost.com/ac2/wp-dyn/A26623-2004Dec1?language=printer accessed on 23rd
April 2009
87
O’Connor Pat, Emerging Voices Women in Contemporary Irish Society: Second Edition: (Dublin,
1999).p. 179

marriage were branded morally impure. Women, who engaged in sexual acts outside
of wedlock, could be sent to one Ireland’s Magdalen ‘laundries’ run by the Good
Shepherd Order. This was a substantial threat to the liberty of women across the state.
Civic morality about sexual improprieties outside of marriage were high, sex was not
an act of gratification. Intercourse was legitimised for the reason “marriage was in
consequence entered into with an expectation of high fertility”88
as the act of was for
the function of procreation. At this stage female sexuality was disregarded. Until
recently, the Republic of Ireland, it was believed women could receive sexual
gratification through clitoral stimulation and penetrative intercourse. This
misconception was shared by most other countries. Women were just expected to be
passive during sexual intercourse. Coitus interruptus (withdrawl method) was widely
promoted by the Catholic Church as an acceptable natural method of contraception for
use within a Catholic marriage.
Abstinence only, promotion of sex education is used as a deterrent within the
denominational school curriculum. With the legalisation of majority forms of
contraceptives it is worrying information relating to contraception remains restricted
by numerous schools. This is problematic, if addressing the issue of contraception at
all in the classroom. Indicates, teenagers who were engaging in sexual contact with a
partner or several do not receive comprehensive advice on the correct usage of
contraception. Irish youth are engaging in sexual contact earlier in life. This was
explored in chapter 2 through the examination of sex education within post-primary
education. However, Ireland does not have the same problems with teenage
pregnancies as that of the U.K, “the teenage birth rate has been relatively stable in
Ireland over the last 30 years at around 2500 births”89
. The high cost of contraception
in the Republic of Ireland, has “one of the highest priced condoms in all of
Europe…taxed at 14 per cent”90
. For younger people this is inhibitive because of lack
of funds. Therefore the legalisation of contraception does not go far enough to extend
to the cost of the family planning methods. People are unable to access their legal
rights to contraception, because of their economic circumstances. In Britain, the ‘pill’
88
Whelan. Christopher. T (ed), Values and Social Change in Ireland. (Dublin,1994).p. 59
89
http://www.munster-express.ie/local-news/teenage-sex-education-ignorance-and-false-beliefs-must-
be-banished-forever/ accessed on 27th
March 2009
90

and condoms are free of charge, and can be acquired in various venues including: GP
practices, GUM clinic and Family Planning services. For this reason, with the
increase in STI/D rate in the Republic of Ireland the issue freedom of access to
contraception has to be re addressed. The opinion held by the I.F.P.A is although
policy is in place through the Health Board Executive on access to contraception “the
accessibility is up for debate…but the government policy is obligated to make sure
those services exist”91
.
The changes to the law on different methods of contraception
Contraceptive devices were banned under the Criminal Law Amendment Act
1935. It took a further fifty years to regulate the legal sale of condoms and
spermicides to those over eighteen without prescription with the Family Planning
Amendment Act 1985. Previous legislation, in 1979 legalised the sale of
contraceptives for married couples. For the first time unmarried people were legally
entitled to use contraception for personal use. This conveyed the people of Ireland
could enjoy sexual emancipation. 1992 saw, a further amendment to the Act which
repealed controversial Section 4 of 1979 Family Planning Act choreographed
originally by Charles Haughey. With this, all people regardless of age had the
opportunity to access safe sex and control their reproduction.
Advertising on contraception has changed dramatically in the Republic of
Ireland. The State’s 1929 Censorship Act, was very strict. Certain types of literate
were banned i.e. for sexual content and advertising was greatly restricted within the
conservative state. After the ban was repealed in…advertising has used as a tool to
promote sexual health. This was evident especially in the 1990s, promotion of safe
sex through advertising campaigns was impetrative to get the message out to people
about AIDs. Individuals in Ireland have the ability to receive legitimate information
relating to contraception. The Crisis Pregnancy are leading with campaigns like ‘think
contraception’ and on days such as St Patrick’s day they ask people to be even more
aware with the presence of alcohol that is being consumed can hinder inhibitions and
therefore peoples actions become more spontaneous as a consequence. This C.PA
91
I.F.P.A interview part 8 with Richie Keane (Spokesperson)

campaign programme promotes safe sex; however this was refuted by Anne Kennedy
during the LIFE interview agencies are “going around the country at festivals and on
St Patrick’s Day, giving out condoms without a care”92
. She believes this is pushing
sex at people who may not be engaging in the act yet.
Current controversies
“The Irish Medical Board authorized emergency contraceptive pills for sale
and use in Ireland, available by prescription”93
. Evidence from the Crisis Pregnancy
Agency 2004 ICCP survey shows the availability of the morning-after pill has become
easier and almost all participants had heard of EC. However, the report also
highlighted “less than two-fifths could identify the correct period of 72 hours within
which it could be used after intercourse”.94
The lack of knowledge over correct usage
of EC is worrying, with the recent findings from the published report. There is
considerable debate surrounding the morning after pill, some groups suggest this is a
type of contraception is an abortionist. Human Life International pamphlets state “it
will kill human beings created at conception and before they are implanted in their
mother’s womb 5-14 days later”95
. Yet the term pre implantation is ambiguous
because I do not believe we can be a person before implantation takes place. This is
merely rhetoric used by the Pro-Life groups to provoke thoughts about babies. At this
stage cells have not even divided which begin the process of conception. Other types
of family planning methods which are contentious are “Inter-uterine devices (IUDs)
have not been approved for use in Ireland, although physicians regularly prescribe
them through a provision that allows exceptions in individual cases”96
. This is
problematic for those women who cannot use the contraceptive pill for health or
medical reasons due to the hormones in the pill. IUDs have non-hormonal options
varieties available and are more suitable for women who have already had children.
Sterilisation remains a controversial subject in the Republic “the Department
of Health (1995) recognised the state’s responsibility to facilitate a woman’s desire
92
LIFE interview part 4 with Anne Kennedy (CEO)
93
http://www.legislationline.org/topics/country/23/topic/7/subtopic/24 accessed on 18th February 2009
94
The Irish Study of Sexual Health and Relationships Main Report (October, 2006).p. 87
95
Human Life International pamphlet page 1
96
http://www.legislationline.org/topics/country/23/topic/7/subtopic/24 accessed on 18th February 2009

for sterilisation”97
. Nic Ghiolla Phádraíg (1995) evidence shows the right to obtain the
service is restricted because of church hierarchy, “provision of female sterilisation
services through the health system has been blocked in a number of public
hospitals”98
. The prohibition by many hospitals is influenced by Church involvement
in the Medical Ethics Boards. In 1996 there was “picketing by medical practitioners
of a clinic providing services in the North Western Health Board”99
.
Although this chapter explores the liberalisation of contraception within
Ireland it is important to look at this in relation to abortion. Some of the reasons
people give for unprotected are sex are: economic reasons, accessibility to the
morning-after pill. As a result they can contract STII/Ds or get their partner or
themselves pregnant. For this reason cases of abortion will remain. Rates have shown
travel to England for the procedure has decreased by 540 between 2005 and 2006.
There may be other factor, which has caused the dip in abortion travel. The abortion
pill is available illegally on websites for women who are not legally entitled to
abortion within their own jurisdiction. This is backstreet abortion under a new name,
“Restrictive abortion laws violate women's human rights based on agreements made
at the UN International Conference and the Universal Declaration of Human Rights
(article 1 & 3 &12 &19 & 27.1)”100
. Women, for this reason, are turning to the
internet in search of the website Women on Web. This organisation was established to
give women the abortion pill, a combination of two medications, mifepristone and
misoprostol for those in countries where abortion was illegal. Those women are given
the opportunity to have an illegal abortion in their own country for 70 Euros. This is a
major contrast to the costs to travel to Britain for an abortion. However, the service is
this potentially putting woman in a risky position, both in medical and legal terms.
This is a medical procedure and therefore there are obviously risks attached from
taking the abortion pill. If there are complications women may feel unable to seek
medical advice for fear of reprisals like arrest. There is a lack of information about
abortion in Ireland; a woman who tries to terminate her on pregnancy, if uncompleted
97
O’Connor Pat, Emerging Voices Women in Contemporary Irish Society: Second Edition: (Dublin,
1999).pp. 67, 68
98
1999).p. 67
99
1999).p. 68
100
http://www.womenonwaves.org/article-115-en.html accessed on 28th April 2009

is undetectable at hospital. The symptoms displayed are the same to that of
miscarriage. Due to the financial side of abortion and the increase in immigrant
women they are left with fewer choices in ending a pregnancy than with their
middleclass counterparts. This appears to be, the new form of accessible backstreet
abortion. The Crisis Pregnancy knows women are taking the abortion pill through
other counselling services and “worry is, people, accessing substitutes for this. There
are herbal concoctions and cheaper forms of the abortion pill are ineffective”101
101
C.P.A interview part 6 with Mary Smith (Research Officer)

Conclusion
In this dissertation I set out to achieve a greater understanding of the
contentious issues that make reproductive self-determination difficult in the republic
of Ireland. I have explored the issues surrounding reproduction and access to
contraception. Through eleven face to face interviews I had the opportunity to directly
question leading participants in the Irish debate about their beliefs, whether Pro-Life
or Pro-Choice. People in Ireland have the ability through referendum to change the
law on abortion, however it requires a courageous decision on the part of the political
elite to put the issue of legalisation of abortion to a popular vote; and so far, the
political elite has shown an unwillingness or inability to confront the issue face-on.
All groups when interviewed expressed their respect for the written constitution
which means its citizens have to be consulted in order to change the law. Personally, I
would like the abortion to be legalised within the state and I agree with Bacik about
the type of model to be used. The U.S Supreme Court Roe v Wade judgement has
three stages: “the first trimester, the woman’s right to choose should be the priority
for the state…in the second three months there should be a balance and terminations
should only be available for certain specified reasons. In the third trimester, the right
to life of the foetus”102
has greater right that in the second trimester. However the
woman has priority if at medical risk.
There have been substantial achievements made to change the laws on
contraception. Irish people now have the ability to purchase contraception for
personal use under the age of eighteen and outside of marriage. This is a huge
achievement in theory but there are limitations to this with the price of condoms one
of the highest in Europe. The ‘pill’ is accessible, if a woman has the money to pay for
it. This form of contraception is very expensive due to consultation costs and the
prescription itself. Comprehensive R.S.E. is being integrated into the National
Curriculum however various factors affect the outcome of the type of education
received. Teacher discomfort, pressure on the timetable and influence from the
Catholic Church restrict the effectiveness of the programmes. Young people are
becoming more aware about STI/Ds, however it is clear from the evidence correlated
102

in this dissertation that misconceptions still remain around the subject of sexual
reproductive health. Women now experience opportunities in the labour market
Marriage Bar was scraped in 1973. Institutionalisation and concealed pregnancies are
largely becoming a distant memory. Yet, there is still some way to go for female
equality in the respects of women in positions of authority and equal pay. The cost of
child care in the Republic of Ireland is extremely high and for this reason it may put
women of entering the labour force or further education.
In Ireland there is still conservative reluctance to embrace full reform of the laws on
abortion. The latest referendum, although defeated, shows people’s attitudes towards
abortion are more conservative than in 1992 at the time of the ‘X’ case. I would like
to see the law changed in Ireland, however I do not believe this will change in the
foreseeable future. Politicians are fearful about approaching the subject of abortion in
case they loose the support of voters. I would have liked to have interviewed a TD,
however abortion and politics make it difficult to get a response from a politician
especially from the two main parties, Fianna Fáil and Fine Gael. Apart from the
Independent Senator Ivana Bacik, who has a long track record of campaigning for
gender inequality, and moreover was elected to the Irish Senate from the traditionally
liberal University constituency of Trinity College, I found politicians unwilling to be
interviewed on the subject. Nevertheless, the number and diversity of activists and
informed opinion-makers on both sides of the debate in Ireland who granted me
lengthy in-depth interviews enhanced the nature of my research project and
strengthened my confidence in its findings.

Appendix
Crisis Pregnancy Agency interview 19th
November 2008 Mave O’Brien
(Policy Officer)
Crisis Pregnancy Agency interview 19th
November 2008 Mary Smith
(Research Officer)
Pro-Life Campaign interview 19th
November 2008 John O’Reilly
(Campaign Secretary)
Irish Family Planning Association interview 21st
November 2008 Meghan
Doherty (Policy Officer)
Irish Family Planning Association interview 21st
November 2008 Riche
Keane (Spokesperson)
Brendan Purcell (Priest) 1st April 2009 interview at UCD
Choice Ireland interview 5th
April 2009 Helen Keyes (Activist)
Family and Life interview 6th
April 2009 David Manly (Spokesperson)
Ivana Bacik (Independent Senator) 6th
April 2009 interview at Trinity
University
Audrey Dillon Pro-Life (Doctor) 6th
April 2009 interview with doctor
LIFE pregnancy interview 7th
April 2009 Anne Kennedy (CEO)

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