Guest post by Magda Jasinka of Dziewuchy Dziewuchom Irlandia
I guess I am coming somewhat late into the “game” but I couldn’t quite figure out how I could have my voice heard on the 25th May. I am living in Ireland and unfortunately don’t have the privilege of voting in matters that quite frankly could one day affect me and thouseands of others. I’ve decided therefore to share with you this little piece of my mind in aid of the Together for Yes campaign and also and very much so in hope that it might change someone’s mind to vote YES or to vote at all.
After making the decision to come to Ireland which was influenced almost entirely by some sort of a “promise” of a better life and more possibilities to succeed in many different aspects of life that have become important to me throughout those years. Being only 19 and feeling that my own country has somehow failed me and betrayed me I found comfort and a shelter in Ireland which in years to come I would call my home. I do however feel that much like where I am from, the 8th amendment has failed so many women and for this I am resentful. I can’t understand why someone would vote NO as somehow they cannot see that their vote is causing another woman’s trauma. I also can’t understand that for some reason people think they have the right to take away a woman’s choice concerning her own body. I hate the fact that I’d have more bodily autonomy after my death as I’d have a choice to become an organ donor than I would have now if I became pregnant.
What I do find most outrageous as a female is the uncertainty yet predictable nature of the faith of offenders who by inflicting life threatening wounds to a pregnant woman can potentially get away with murder, quite literally actually as they most likely would face a manslaughter rather than a murder charge. Murder occurs if a person intended to kill, or cause serious injury to another PERSON, who dies as a result and whilst a scenario involving a death of a foetus by injuries caused by another person has not yet been heard by the Irish courts, the British case of AG’s Reference (No. 3 of 1994)  3 WLR 421 would become a valid precedence for the Irish courts in such circumstances. In AG’s Reference (No. 3 of 1994), a boyfriend (B) stabbed his girlfriend (G), who then prematurely gave birth to the child (S). S was injured by the stab wounds inflicted upon him by B and died after 121 days after being prematurely born. It was held that B could not be convicted of murder as he could physically not form an intention to kill or seriously injure S. The House of Lords stated that “until she had been born alive and acquired a separate existence, she could not be the victim of homicide”. The common law jurisprudence would suggests that only an independently living, self-sufficient human being can become a victim of murder and there is no authority in any common law jurisdiction to suggest that a foetus is considered an independently living and self-sufficient human being. In a further attempt to secure the murder charge, the prosecution tried to apply the doctrine of transferred malice which states that when the intention to harm one individual inadvertently causes another person to be hurt instead, the perpetrator is still held responsible for his acts. However in AG’s Reference (No. 3 of 1994) the House of Lords held that to transfer the malice directed at foetus initially and then hypothetically from a foetus to a born child with legal personality was described as legally too far to support a murder charge against B. As such, B was charged and convicted of manslaughter and sentenced to 7 years in prison. To put it into perspective a woman who is found guilty of the offence of intentionally destroying unborn human life under the Protection of Life During Pregnancy Act 2013 will face up to 14 years in prison. Where is the justice here?
I guess what I would really like is for someone to read this and choose to trust women and protect life that the 8th Amendment has failed to do.