To access a life saving abortion in Ireland requires 3 medical professionals (two psychiatrists and one obstetrician) to agree that the woman is at risk of taking her own life. As the recent case of a young girl shows it only takes one psychiatrist however to get sectioned for wanting an abortion in Ireland.
The girl was legally classed as a child and her identity has understandably been withheld so we know nothing more about her other than that she had an unwanted pregnancy and that when she sought an abortion from her healthcare professionals she was of the understanding that she was being taken to Dublin for the procedure. However unbeknownst to her the consultant psychiatrist had given evidence at a hearing to detain her under the Mental Health Act.
“The consultant psychiatrist was of the opinion that while the child was at risk of self harm and suicide as a result of the pregnancy, this could be managed by treatment and that termination of the pregnancy was not the solution for all of the child’s problems at that stage.”
How frightening it must have been for her to find herself in a mental hospital after travelling to Dublin expecting an abortion. We are told it was “days” later that another hearing was held that resulted in her discharge from the mental hospital. During this time her court-appointed guardian ad litem (GAL) had employed another consultant psychiatrist to access her and on the basis of their evidence the girl was released from the institution. She spent unnecessary “days” in a mental institution for the “crime” of nothing more than wanting an abortion.
I’ve heard numerous reports of suicidal people trying to access mental health units in Irish hospitals who have been sent away. In future I’ll suggest to those of them who are capable of getting pregnant to say they’re pregnant and want an abortion, as that seems to be a sure way to get sectioned.
This case raises a number of questions. How is it that it only took one psychiatrist to have the girl sectioned? Why was the PLDP act not enacted for this pregnant, suicidal child? How can the public be assured that the personal beliefs of medical professionals won’t interfere with them being able to access the healthcare they need? Did Government Ministers know of the case at the time?
Abortion Rights Campaign (ARC) spokesperson Linda Kavanagh said:
“Looking at the report, it’s hard not to think that the psychiatrist in this case essentially used the Mental Health Act as a tool to force a child into continuing an unwanted pregnancy because of their own personal beliefs. It is clear we need some process which ensures medical professionals with such conscientious objections cannot block timely health care in critical cases.”
This is the latest case in a long line of women and girls who have been failed by the state. Ms X was another suicidal child prevented from accessing an abortion in 1992 and Ms Y a teenage rape victim likewise led to believe she would be given an abortion and instead detained against her will. Ireland has a disgraceful history stretching back to the Magdalene Laundries of locking up pregnant women.
The Protection of Life During Pregnancy Act is supposed to “protect” women who are at risk of taking their own lives, not used as a tool to lock women who want abortions up.
The Irish Government are allowing this human rights abuse to happen on their watch, leaving a trail of abused and sometimes dead women, girls and children behind them.
Rally to Repeal is on Saturday 17th in Dublin. If you can’t go please contact your local T.Ds and ask them to urgently implement the findings of the Citizens Assembly.
You can sign an UPLIFT petition here:https://action.uplift.ie/campaigns/187
*I’d like to acknowledge the work of the Child Law Project. We would know nothing of this case if it wasn’t for their work. Since 2012 they have been able to report to the public on child care proceedings in the courts, they aim to report on 10% of cases.