Ireland's Equality Paradox

It may be tempting to celebrate Leo Varadkar’s confirmation as Ireland’s new Prime Minister: he’s openly gay, the son of an Indian immigrant, and young – a veritable dream trifecta of equality and inclusion in politics for any social justice warrior.

But as his historical coming to power unfolds, a report in the most recent publication by the Child Care Law Reporting Project has come to the fore of national and international discussion, throwing doubt on Ireland’s newfound claim to political and social egalitarianism. It tells the harrowing story of a young teenage woman who requested an abortion and believed she was going to receive one, but found herself involuntarily committed to a psychiatric ward by her psychiatrist under the Mental Health Act instead.

The young woman had informed her psychiatrist that her unplanned pregnancy was making her depressed and suicidal. The mental health practitioner did not agree that terminating the pregnancy was the best way to treat the young woman, instead reporting her as having a mental health disorder under Section 25 of the Mental Health Act.

The Abortion Rights Campaign was just one of several women’s and pro-choice advocacy groups to question the medical practitioner’s motives. Spokesperson Linda Kavanagh commented to the Irish Mirror, “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.”

Once detained, the young woman met with hospital and court-appointed psychiatrists, both of whom found that, while she was depressed, she did not suffer from a psychological disorder and should not be held. The court agreed and discharged the order, releasing the young woman from the hospital’s custody. The report does not elaborate as to whether she ultimately received the treatment she was seeking.

This is particularly disturbing, as it not only highlights the draconian restrictions on abortion in Ireland – they are only legal if the mother’s life is in immediate physical danger – but it seems to fly in the face of a 2013 amendment which added  ‘risk of loss of life from suicide’ as the third scenario when abortions may be permitted. This amendment followed the Ms. Y case, where a pregnant woman went on hunger strike after being denied an abortion, and was subsequently force-fed by court order. Ms. Y was seeking the abortion after becoming pregnant from a rape and falling into a suicidal depression. Ms. Kavanagh called the parallels between these two cases “alarming.”

Not only did the Protection of Life During Pregnancy Act supposedly enshrine a woman’s right to an abortion if her mental health is threatened by a pregnancy, but it’s meant to protect women against health practitioners that do not agree with abortion. Subsection 17 of the act states: “A person who has a conscientious objection referred to in subsection (1) shall make such arrangements for the transfer of care of the pregnant woman concerned as may be necessary to enable the woman to avail of the medical procedure concerned.”

Although this seems to suggest the psychiatrist in this case acted illegally, there has been little to no discussion of this in the surrounding conversation. Indeed, it appears Irish women may not even be aware they have the right to a transfer of care, and there appears to be no systems in place to ensure they know their rights and how to act upon them. As Ms. Kavanagh stated to the Irish Mirror, “It is clear we need some process which ensures medical professionals with such conscientious objections cannot block timely health care in critical cases.”

So as this new era is ushered into Ireland, it’s hard not to feel as though the new sense of equality is still only available to a select few – namely, men. To his credit, Varadkar has promised a referendum on abortion access. However, this comes across as merely paying lip service to women’s bodily autonomy (pun intended), as Irish attitudes still seem to favour only allowing abortions in cases where the mother’s life or the life of the fetus is in danger.

For example, an October 2016 Irish Times/Iposos MRBI poll found that only 19% of the Irish population agreed that abortions should be provided in all cases requested. A January 2016 Newstalk/Red C poll showed slightly more promising results, with 41% of voters reporting that abortions should be available in any circumstances a pregnant woman felt necessary; however, this estimate still falls short of the necessary majority to pass a legally-binding measure.

So while some communities and their allies celebrate this new era of visibility in Ireland, it is important to remember the fight for true equality and inclusion for all is not yet won. It is imperative that this new visibility is wielded in the continuing battle for women’s right to make their own reproductive and health care choices.