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Open letter to Judge McMahon on #repealthe8th

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A reply to this letter to the Irish Times last week. The IT has not published it, so we are happy to do so.

A Chara,

The hypocrisy of former Justice Bryan McMahon (‘The Eighth Amendment’, Letters, May 4th) in calling for the retention of the 8th Amendment cannot go unremarked. McMahon’s strong urging of a ‘No’ vote suggests that he has forgotten the recommendations of the working group on Direct Provision that he presided over just a few years ago that urged quite the opposite. The McMahon report “strongly urges” that arrangements be made to enable women in Direct Provision experiencing crisis pregnancies to access proper supports including provisions for travel abroad, presumably to access abortion services. The McMahon report is very clear on this. It recommends “that a review by the relevant organisations of services for persons in the system experiencing a crisis pregnancy be undertaken immediately with a view to a protocol being agreed to guide State agencies and NGOs supporting such persons. Particular attention should be paid to addressing the needs of the individual in the context of the legislative framework. Issues relating to travel documents, financial assistance, confidentiality, and access to information and support services should be addressed.”

The working group on Direct Provision and the McMahon report can be criticised on many fronts, but on this front – the need to address the terrible circumstances faced by women experiencing crisis pregnancies in Direct Provision – the report is on the right track. It is clear that horrors of the sort inflicted on Ms Y can only be addressed by removing the 8th Amendment from the constitution and making sure that ALL women and pregnant people can access the supports that they need in this country. As groups such as AIMS Ireland and MERJ – Migrant and Ethnic Minorities for Reproductive Justice have shown us through research and personal testimony, this extends beyond abortion access to the whole issue of reproductive services and health care for migrant and ethnic minority women in this state. The women who have been most affected by the 8th Amendment – the women who have died because of the 8th Amendment and the disregard for the lives of women and mothers that it has embedded in our constitution – are disproportionately migrant women. Migrant women make up 25% of pregnant people in Ireland, but account for a shocking 40% of maternal deaths. Former Justice McMahon himself is very much aware of these facts and of the terrible circumstances that can face migrant and asylum-seeking women and girls. It is to his great discredit that he has chosen to ignore this evidence and awareness in his cruel and hypocritical call for the retention of this most cruel and hypocritical aspect of this state’s constitution.

Yours, etc,

Anti-Racism Network Ireland

AIMS Ireland

Migrants and Ethnic-minorities for Reproductive Justice (MERJ)

Movement of Asylum Seekers in Ireland (MASI)

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