Thirteenth Amendment of the Constitution of Ireland
Encyclopedia
The Thirteenth Amendment of the Constitution of Ireland
specified that the prohibition of abortion would not limit freedom of travel in and out of the state. It was effected by the Thirteenth Amendment of the Constitution Act, 1992, which was approved by referendum
on 25 November 1992 and signed into law on the 23 December of the same year.
people, largely in response to Attorney General v. X
- a case that arose where a 14-year-old girl who had become pregnant from rape
was threatened with legal action for travelling to the United Kingdom
to obtain an abortion. It specifies that the prohibition of abortion
would not limit freedom of travel
from Ireland
to other countries where a person might legally obtain an abortion.
On the same day the Fourteenth Amendment
was approved, guaranteeing freedom of speech
with respect to the issue. Another proposal, the Twelfth Amendment
, which would have held that the possibility of suicide was not a sufficient threat to justify an abortion, was rejected.
Under European Communities
law in 1992, Irish citizens already had the right to travel unhindered within at least the European Union, being one of the basic "Four freedoms"
.
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
specified that the prohibition of abortion would not limit freedom of travel in and out of the state. It was effected by the Thirteenth Amendment of the Constitution Act, 1992, which was approved by referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
on 25 November 1992 and signed into law on the 23 December of the same year.
Changes to the text
- Insertion of new subsection in Article 40.3.3:
- This subsection shall not limit freedom to travel between the State and another state.
- Together, this, and the Fourteenth AmendmentFourteenth Amendment of the Constitution of IrelandThe Fourteenth Amendment of the Constitution of Ireland specified that the prohibition of abortion would not limit the right to distribute information about abortion services in foreign countries...
made the full text of the constitution in regard to abortion (40.3.3) the following:
- The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.
- This subsection shall not limit freedom to travel between the State and another state.
- This subsection shall not limit freedom to obtain or make available, in the State, subject to such conditions as may be laid down by law, information relating to services lawfully available in another state.
Overview
The Amendment was adopted in November 1992 by a plebiscite of the IrishRepublic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
people, largely in response to Attorney General v. X
Attorney General v. X
Attorney General v. X was a 1992 Irish Supreme Court case which established the right of Irish women to an abortion if a pregnant woman's life was at risk because of pregnancy, including the risk of suicide....
- a case that arose where a 14-year-old girl who had become pregnant from rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
was threatened with legal action for travelling to the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
to obtain an abortion. It specifies that the prohibition of abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
would not limit freedom of travel
Freedom of movement
Freedom of movement, mobility rights or the right to travel is a human right concept that the constitutions of numerous states respect...
from Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
to other countries where a person might legally obtain an abortion.
On the same day the Fourteenth Amendment
Fourteenth Amendment of the Constitution of Ireland
The Fourteenth Amendment of the Constitution of Ireland specified that the prohibition of abortion would not limit the right to distribute information about abortion services in foreign countries...
was approved, guaranteeing freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
with respect to the issue. Another proposal, the Twelfth Amendment
Twelfth Amendment of the Constitution of Ireland Bill, 1992
The Twelfth Amendment was a failed proposal to amend the Constitution of Ireland, to state that suicide should not be considered a sufficient reason to legally allow an abortion. It was rejected in the 1992 referendum on abortion and the risk of suicide....
, which would have held that the possibility of suicide was not a sufficient threat to justify an abortion, was rejected.
Under European Communities
European Communities
The European Communities were three international organisations that were governed by the same set of institutions...
law in 1992, Irish citizens already had the right to travel unhindered within at least the European Union, being one of the basic "Four freedoms"
Four Freedoms (European Union)
The European Union's Internal Market seeks to guarantee the free movement of goods, capital, services, and people – the EU's four freedoms – within the EU's 27 member states.The Internal Market is intended to be conducive to increased competition, increased specialisation, larger...
.
Result
See also
- Politics of the Republic of IrelandPolitics of the Republic of IrelandIreland is a parliamentary, representative democratic republic and a member state of the European Union. While the head of state is the popularly elected President of Ireland, this is a largely ceremonial position with real political power being vested in the indirectly elected Taoiseach who is...
- History of the Republic of IrelandHistory of the Republic of IrelandThe Irish state originally came into being in 1922 as the Irish Free State, a dominion of the British Commonwealth, having seceded from the United Kingdom under the Anglo-Irish Treaty. It comprises of 26 of Ireland's 32 counties...
- Constitutional amendmentConstitutional amendmentA constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
- Irish constitutional referendum, November 1992Irish constitutional referendum, November 1992Three referendums were held simultaneously in Ireland on 25 November 1992, each on a proposed amendment of the Irish constitution.. All three proposals related to abortion. Two of the measures were approved, while the third was rejected.-Twelfth amendment:...
External links
- Thirteenth Amendment of the Constitution Act, 1992 (Full text at IrishStatuteBook.ie)
- Full text of the Constitution of Ireland (Accurate up to and including the Twenty-seventh Amendment from Department of the Taoiseach)
- The Unabridged Constitution of Ireland (Unofficial variorum edition – accurate only up to Twentieth Amendment)