The ‘8th Amendment’ is the name usually given to Article 40.3.3 of the Constitution. This introduces a near absolute ban on abortion in Ireland. It allows abortion as a last resort only where a woman’s life is at risk. Because it is part of the Constitution, it is not possible for the Oireachtas to introduce a law that would allow abortion in other cases (e.g. rape, serious risk to health). Such a law would be unconstitutional and struck down by the courts. In order to reform abortion law in Ireland the 8th Amendment must be repealed. This can only be achieved by a referendum.Read More »
Author: abouthe8th
Why is a referendum on the 8th Amendment required?
Article 40.3.3 of the Constitution (‘the 8th Amendment’) makes it impossible for any new law to be introduced that would make abortion available in Ireland except where a woman’s life is at risk. Legal change requires constitutional change. This can only be done by a referendum. Read More »