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Ungovernable Wombs – The Abortion Pill and the Erosion of the Eighth Amendment

Between 2010 and 2015 the rates of women travelling from Ireland to access abortion services in the UK fell from 4,402 per annum to 3,451 per annum. A total of 27,800 women travelled during this timeframe. Anti-choice groups congratulated themselves because of the drop in numbers, choosing to interpret the British Department of Health statistics as evidence of a drop in the rate of abortions taking place as a result of their work. Pro-choice groups were at pains to point out that this was incorrect; the British DOH stats simply show the decline in the numbers of women travelling from Ireland who access abortions in England in Wales, but they do not represent the total numbers of women from Ireland who are accessing abortions. The 27,800 figure was *never* accurate; it doesn’t include women who travelled from Ireland but gave UK addresses or in some cases used UK NHS numbers. It doesn’t include migrant women who travel to Eastern European states to access services there. It doesn’t include women who travel to other EU states that aren’t the UK to access abortion services there instead.

So the paper published today shows that during the period which *official* numbers travelling to the UK declined by 951, there were 5,680 women who requested the abortion pill to take at home within the island of Ireland from an organisation called Women on Web. The numbers willing to risk a criminal penalty to have an abortion at home are increasing year on year. That said, given that customs seize some of these packages, we don’t know how many made it through to the women who requested them or how many women actually took the medication once they managed to get them. But even if only 50% of women managed to get the abortion and actually take them, it pretty much cancels out the reduction of numbers women travelling to the UK for terminations. Fifty percent is actually a remarkably conservative estimate considering that Customs only managed to seize 68 of these tablets last year, and given that there are more websites than Women on Web who will provide the drug (including Women Help Women) and migrant communities who have their own word of mouth suppliers as well as less reputable black market suppliers online, it’s quite likely that there are a few thousand more who have requested and taken the abortion pill since 2010.

It’s good to see coverage of this issue, and specifically of Rebecca Gomperts’ research paper but it doesn’t tell the whole story about women who are willing to risk a prison sentence (such as the woman in the north who took pills and was subsequently reported to the police by her tout housemates). The pill was supplied by Women on Web to 1,642 women between 2010 and 2012 and they managed to conduct follow-up research on 1,181 of those women (72%).

What report does tell us is that the law that criminalises abortion north and south in Ireland, and allows the state to jail women if they breach it, is completely irrelevant to women who need to access terminations and can’t travel. They are going to take the risk and order the medication anyway. The women who accessed the abortion pill from Women on Web were generally between 20 and 30 years old and the majority of them were already mothers, and 97% of them reported that accessing and using the medication at home was the right thing for them with 98% saying that they’d recommend the experience to other women. The only negative thing for the women accessing abortions at home is doing it outside of the law.

While the Citizens Assembly pontificates on the rights of women in Ireland to bodily autonomy and control over their reproductive systems, women can and will break the law in order to end their pregnancies. The abortion pill is a safe drug, in fact, it’s safer than viagra, and while well-meaning obstetricians like to point out the risks of taking medicines without the supervision of a medical practitioner, it isn’t unreasonable to suggest that in an Irish context, those concerns are as much about women in Ireland challenging the State’s control over their bodies as they are about taking a safe dose of misoprostol following an online consultation with a medical professional overseas. Continuing the prohibition against abortion and forcing women to go to term with pregnancies they do not want to carry is a form of structural violence against women.

The fact that women ordering this medication clearly believe it is safe should tell the State and the Citizens Assembly something. More and more women are now taking the pill and recommending it to their friends who can’t or simply don’t want to travel. Furthermore, even if women don’t believe it’s safe, they are willing to take that risk as well as the risk of arrest and prosecution in order to end their pregnancies at home here in Ireland. At this stage, for women in Ireland whether they travel or order medication online, abortion is a pretty normal event. It isn’t certainly isn’t a rarity. No one is put off ordering drugs whether they are risking a 14 year prison sentence or life in penal servitude, or their own health or life when it comes to disreputable black market sellers. Women on Web and Women Help Women alongside the activists who are supplying them with information, contact details, assisting them in getting the medication and providing them with safe spaces in which to take their medication are changing women’s health care in Ireland. Of course, this medication is only available for early terminations, but the power of it becoming more normalised and giving women control over their own bodies should not be underestimated.

Recognising that taking abortion out of the constitution and criminal law and treating it as a public health issue, is absolutely essential. This is about women’s rights and self-determination There are clearly public health consequences as a result of this domestic criminalisation – not every seller is as ethical as WoW or WHW. Forcing women to a point where they order medication online, though potentially empowering from a bodily autonomy standpoint, is pretty demeaning and dangerous in the context of a potential jail sentence if they are caught; if you thought your home abortion wasn’t going quite according to plan and you were unsure whether you were bleeding a bit too much, would you ask a doctor knowing they might feel obliged to call the Gardaí?

The Eighth Amendment might still be in the Constitution looming over everyone with a womb in Ireland, but like the women of generations past who handed down details of Queen Anne’s Lace seeds and Pennyroyal tea; email addresses and website details and safe houses to have packages delivered to are handed down by the current generation. If there is no safe house for delivery there might be a drone delivery.  In all jurisdictions where abortion is illegal women will find a way around it regardless of criminal penalties. The existence of the internet makes a mockery of the 1995 Regulation of Information Act that tightly controls the circumstances under which you be given information about abortion; literally anyone with a smartphone could potentially tell you when, where and how much an abortion will cost. Whether you have the funds to access it is a different thing altogether. Even if you do have the funds, the ability to access it in a post-Brexit Britain is in question.

When the Eighth Amendment is repealed, it must not be replaced with a semi-liberalised system that allows for abortion in certain highly restricted circumstances that requires women to jump through bureaucratic hoops designed to degrade them by requiring the narration of their experiences for panels of doctors who decide whether their reason for wanting to end their pregnancy is good enough, or whether the risk to their health or life is risky enough. The treatment of Ms. Y during her engagement with the panel (that ordered the termination of her pregnancy by a c-section at 24 weeks rather than the abortion she requested at 9 weeks) has taught us that the State will not make owning your own body straightforward for women. The Eighth Amendment must be replaced by a system that allows for free, safe, and legal abortion where a woman decides it is best for her, in a venue that is convenient and accessible for her – whether that is in a clinic or in her home. Continued refusal to allow this to women will simply mean thousands more travelling every year and thousands more ordering abortion pills online.

The 1,642 women who received illegal abortion pills in Ireland between 2010 and 2012 are the tip of a very large iceberg that is not going away no matter what the Citizen’s Assembly decides.

 

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2 responses »

  1. Pingback: Ungovernable Wombs – The Abortion Pill and the Erosion of the Eighth Amendment – Irishwomenblog

  2. “Customs only managed to seize 68 of these tablets last year”….this is wrong! 78 pills were seized in customs in one week alone! check the no’s in the linked URL.

    Reply

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