Twelfth Amendment of the Constitution of Ireland Bill, 1992
Encyclopedia
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.
The full title of the proposal was the Twelfth Amendment of the Constitution Bill, 1992. On the same day the "Thirteenth" and "Fourteenth Amendments" were approved. As these could not be renamed the number twelve has simply been 'skipped'. There has therefore officially been no successfully enacted "Twelfth Amendment" of the Irish constitution.
in November 1992 was largely in response to Attorney General v. X
(more commonly known as the "X case") - 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 England
to obtain an abortion. It proposed that the possibility of suicide was not a sufficient threat to justify an abortion. The proposal was put to a referendum on 25 November 1992 but was rejected.
On the same day, the Thirteenth Amendment
and Fourteenth Amendment
were submitted to and approved by referendum. The former guaranteed freedom of travel
with respect to abortion, and the latter, freedom of speech
with respect to the same issue.
In 2002 a second failed attempt was made to rule out the risk of suicide as grounds for an abortion. This was the proposed Twenty-fifth Amendment, which was also rejected in a referendum, in March that year, but by a much narrower margin.
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...
, to state that suicide
Suicide
Suicide is the act of intentionally causing one's own death. Suicide is often committed out of despair or attributed to some underlying mental disorder, such as depression, bipolar disorder, schizophrenia, alcoholism, or drug abuse...
should not be considered a sufficient reason to legally allow an 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...
. It was rejected in the 1992 referendum on abortion and the risk of suicide.
The full title of the proposal was the Twelfth Amendment of the Constitution Bill, 1992. On the same day the "Thirteenth" and "Fourteenth Amendments" were approved. As these could not be renamed the number twelve has simply been 'skipped'. There has therefore officially been no successfully enacted "Twelfth Amendment" of the Irish constitution.
Proposed changes to the text
- Proposed insertion of additional text to Article 40.3.3:
- It shall be unlawful to terminate the life of an unborn unless such termination is necessary to save the life, as distinct from the health, of the mother where there is an illness or disorder of the mother giving rise to a real and substantial risk to her life, not being a risk of self-destruction.
- The rejection of the Twelfth Amendment, together with approval of the Thirteenth AmendmentThirteenth Amendment of the Constitution of IrelandThe 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...
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 referendumReferendum
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...
in November 1992 was 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....
(more commonly known as the "X case") - 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 England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
to obtain an abortion. It proposed that the possibility of suicide was not a sufficient threat to justify an abortion. The proposal was put to a referendum on 25 November 1992 but was rejected.
On the same day, the Thirteenth Amendment
Thirteenth Amendment of the Constitution of Ireland
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...
and Fourteenth Amendment
Thirteenth Amendment of the Constitution of Ireland
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...
were submitted to and approved by referendum. The former guaranteed 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...
with respect to abortion, and the latter, 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 same issue.
In 2002 a second failed attempt was made to rule out the risk of suicide as grounds for an abortion. This was the proposed Twenty-fifth Amendment, which was also rejected in a referendum, in March that year, but by a much narrower margin.
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
- Referendum (Amendment) (No. 2) 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)