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Vote Yes, for those who can’t

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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) [1997] 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.

 

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3 responses »

  1. Jennifer Lawal

    Yes oooo

    Reply
  2. Disclaimer: I am replying after the referendum.

    Great examples cited, in highlighting the flagrant – and usually male deployed hypocrisy, always used whenever it comes to even the slightest possibility of women re-claiming full control of their *OWN* bodily integrity.

    As I see it though, going forward women will need to ask and also some hard questions, concerning how and how much they contribute to their own dis-empowerment, and sub-humanization in world societies.

    Q1: How many times do YOU, Female Reader, use the male-gender specific term of “HE” to refer to BOTH genders? Like all of those Baby Book cooing nonsense about: “when baby arrives, HE will need a quiet room to rest…” blah, blah, blah” Even if “baby” is a red-faced and rosy GIRL!

    This sort of slight-seeming, but dangerously repercussive since ultimately SELF-ABNEGATING naming, goes DOUBLE for women all around the world, who surreally and might I politely add very stupidly, CONTINUE to greet groups of women by joyfully shrieking out: “Hey, you GUYS!” I mean – really?!? When last did you hear MEN call OTHER MEN anything other than the flatteringly delusional, but ALWAYS GENDER-CORRECT titles of: “Hey, Dude!” Or: “Hey, Guv’nor!” Or: “Hey, Champ!” Or: “Hey, Big Guy!” etc, etc, and as I said: extremely self-delusional but commendably MALE-AFFIRMING, for all that communal “ego-boosting.”

    Indeed, the ONLY TIMES MEN ADDRESS *OTHER* MEN BY THE FEMININE…is when these MEN have ruthlessly determined to INSULT! To BELITTLE! To crassly, crudely and brutally EMASCULATE their Fellow MEN! Men calling OTHER MEN BY *INSULTING, VULGAR, DERISIVE *FEMININE” NAMES like: “Hey, Sissy!” Or: “Hey, Pu – – y!” Or: “You throw like a Girl!” Or: “You Bitch!” Or: “You Motherfu – – er!”….as though the very NOTION of a “FATHERFU – – ER” does NOT, similarly exist in Men’s World.

    Q2: Speaking specifically to the point-at-issue of ABORTION in the recent Irish Referendum, women all around the globe NEED to STOP *BEING COMPLICIT* IN THEIR OWN INANIMATION.

    Why, pray tell, do women CALL THEIR *OWN” FLESH ‘N BLOOD BELLY…a “baby BUMP,” instead of what it actually IS? By CONTINUING to not just JOIN IN this dangerous SELF-DEHUMANIZATION, women are in this way inadvertently – but nonetheless STUPIDLY INEXCUSABLY, contributing to the GENERAL VIEW that a part of THEIR *OWN* HUMAN BODY, is somehow to be VIEWED, and thereafter AUTOMATICALLY TREATED, as part of THE SOCIAL COLLECTIVE: a RIGHTS-DIVESTED “THING” to be therefore CONTROLLED by OTHERS, as opposed to SELF.

    I mean, ASK yourself: WHEN do you hear about ANY PART OF MEN’S BODIES – and ESPECIALLY THEIR *PENIS* being SOCIALLY-ASSIGNED RESPONSIBILITY FOR THE “COMMON GOOD?” Certainly NOT in RAPE! Because certainly NOT AT ALL! In fact, the ONLY thing being *HEARD” FROM MEN all around the globe, is their CHILDISH, CALLOUS, SELFISH BELLYACHING when it comes to ASSUMING *THEIR* FAIR RESPONSIBLY FOR BIRTH-CONTROL through WEARING A CONDOM, is the typical SELF-CONCERNED male gripe to the effect that: “Condoms Reduce Their (Male’s) Sexual Pleasure,”

    Finally, a RELATED WORD about the whole #METOO and #TIMESUP movements: I believe that WOMEN ARE WASTING THIS GOLDEN OPPORTUNITY, to share USEFUL KNOWLEDGE WITH THE GIRL-CHILDREN WHO WILL BE THE WOMEN OF TOMORROW.

    Instead of breathlessly jostling each other to be the FIRST BEFORE THE MICROPHONE, and the one STANDING CENTRE-STAGE AT THE PODIUM to tell some old, tired story of: “I KNEW in my heart that I should NOT really have gone into His Bedroom, or accepted His after-hours invitation to meet him to discuss business in his Bathroom…but I kinda DID anyway….”

    Instead of THAT ARRANT STUPIDITY ON WOMEN’S PART, I really wish women would take this chance to speak to issues of CALLING OUT MEN *BEFORE…BEFORE…BEFORE..the Crime, and not BEMOANING….BEMOANING…BEMOANING… the Crime AFTER, and sometimes long, long, AFTER.

    This may be achieved by some SIMPLE, but DEVASTATINGLY REPERCUSSIVE strategies:
    instead of all those HOLLYWOOD ACTRESSES wresting each other to have *THEIR* MUGS – and NOT the upstart Young Actress to the left “FIND THE CAMERA” to make long, theatrical and therefore THINLY RESONATING SPEECHES, they should COLLABORATE ON MAKING THE KIND OF MOVIES THAT THE WORLD – MEN AND WOMEN BOTH, *NEED* TO SEE, AT THIS TIME!

    Movies with PLOTS ECHOING REAL-LIFE, instead of the KARDASHIAN-TRASH “REALITY” TV “EGO-DRAMAS!”

    PLOTS which CRAFTILY serve the DUAL-PURPOSE of MOCKING MEN WHO USE THEIR ‘power” TO SEXUALLY ABUSE, AND ECONOMICALLY DIS-EMPOWER WOMEN, while at the same time NOT FORGETTING TO CALL-OUT THOSE MISGUIDED, AND SOMETIMES FRANKLY IDIOTIC *WOMEN* AMONGST THEM, WHO ARE COMPLICIT IN WOMEN’S DEHUMANIZATION!

    MISGUIDED WOMEN…like the plethora of FRENCH ACTRESSES, WHO SURREALLY CONSIDER IT A BADGE OF HONOUR TO BE CAST IN BRUTAL, WOMAN-SAVAGING, MISOGYNISTIC “LARS VON TRIER” FILMS! Yes! French actresses ACTUALLY preen THEMSELVES, while MOCKING other Women who flat-out REFUSE TO ACT IN VON TRIERS’ WOMAN-BATTERY-FESTS…citing the French woman’s – supposed – natural gift for BEING DEBASED BY OTHERS. Go figure…

    But when you GO…. Go Forth in this 21st Century, and STOP – EARLY, PROMPTLY AND VERY UNCOMPROMISINGLY, BEING TOOLS TO BE USED & ABUSED, DERIDED & DISCARDED BY USELESS MEN.

    Congrats on Repealing the 8th! …which should NEVER HAVE BEEN PART OF THE IRISH CONSTITUTION IN THE FIRST PLACE.

    Reply

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