Analysis provided by: Maggie Smieszek, Legal Expert.

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Access to Reproductive Health Care on Public Funding

Health insurance in Ireland is provided through private coverage through one of two licensed companies, or the state-sponsored General Medical Scheme for low-income people. The two private health insurance companies do not provide funding for reproductive health care other than pregnancy. Contraceptives are considered as personal choice and there is no funding coverage. Although services vary by region, the General Medical Scheme covers all forms of contraceptives, including emergency contraception.

Access to contraception

The Supreme Court first legalized the right to contraceptives for married people in 1974. In the landmark case ofMcGee v. The Attorney General[1974] IR 284, the Court decided that a law prohibiting the importation, sale or advertising of contraceptives violated constitutional protections for privacy in martial affairs. When the ban was found unconstitutional by the Court, the legislature enacted theHealth (Family Planning) Act1979, which regulates the sale of contraceptives. The Act further made it very difficult to obtain any form of contraception except through medical prescription.

A number of amendments to theHealth (Family Planning) Actgranted wider access to contraceptives. There are still restrictions on advertisements but access to contraceptive information is allowed. Contraceptive availability is now protected by law, and all major forms of non-surgical contraceptive devices and drugs are available. In 2001, the Irish Medical Board authorized emergency contraceptive pills for sale and use in Ireland, available by prescription. Inter-uterine devices (IUDs) have not been approved for use in Ireland, although physicians regularly prescribe them through a provision that allows exceptions in individual cases. Surgical sterilization is not widely available but some independent facilities do provide both surgical and reversible methods of contraception.

Abortion and Fetal Rights

Abortion is illegal in Ireland except when the continuation of a pregnancy poses a real and substantial risk to the pregnant woman's life. Therefore, abortion is largely unavailable in almost all situations because of the ambiguity about when life-saving abortions can be performed. In 1983, abortion also became unconstitutional as a result of a referendum on abortion. A constitutional amendment, Article 40.3.3, provides an equal right to life to both the unborn and the pregnant woman. Moreover, theOffences against the Person Actof 1861 sections 58 and 59 criminalizes "procurement of miscarriage". Under this Act, a woman attempting abortion faces life imprisonment and anyone who helps her could face five years in prison.

In 1992, a 14-year-old rape victim was prevented by the courts from leaving the country to obtain an abortion. The Irish Supreme Court inAttorney General v. X[1992] 1 I.R.I interpreted Article 40.3.3 to allow the girl to obtain an abortion because her life was at risk due to the fact that she was suicidal. The Supreme Court decided that although the Irish law prohibits abortion, the procedure is permissible when the pregnant woman's life is endangered by physical health conditions or threat of suicide. Thereafter, a three-part referendum on abortion rights was held in November of 1992. A second abortion referendum in 1992 amended the constitution to provide both the right to information and the freedom to travel for abortion services (Art. 40.3.3).

Access to Information on Abortion

In 1987, an anti-abortion group took two counseling centres to court to stop them from advising women where to obtain abortions in England. The Irish Supreme Court ruled against the centres, saying that they "assisted in the destruction of a child." In the case ofOpen Door and Dublin Well Woman v. Ireland[1992] IIHRL 61, the European Court of Human Rights ruled that the Irish court ban on providing information to Irish women seeking abortions abroad was in breach of Article 10 of theEuropean Convention on Human Rights, which guarantees freedom of expression. However, the decision was not followed by the Supreme Court.

While Article 40.3.3 of the Constitution permits limitations on the provision of abortion information, theRegulation of Information (Services outside the State for Termination of Pregnancies) Act,1995 was enacted to regulate thecircumstances in which abortion information may be disseminated and significantly restricts public distribution. The Act regulates the availability of information under this provision and today women are allowed to receive non-directive pre-abortion counseling, to have their medical records forwarded, and to receive other assistance short of an actual 'referral' for an abortion. The Supreme Court upheld theRegulation of Information Act'stight restrictions on the availability of information concerning abortion.

Genetic Manipulation

The field of genetic manipulation is being investigated in Ireland by a Commission on Assisted Reproduction set up by the government.

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