Statement by Noirin Clancy to the UN Committee For The Elimnation Of All Forms Of Discrimination Against Women On The Combined Fourth And Fifth Reports from the Government Of Ireland .

11 TH July 2005

Thank you Madam Chair for this opportunity to address the Commttee. I am Noirin Clancy and I speak on behalf of the Women’s Human Rights Alliance. We submitted a Shadow Report which involved consultations with over 100 women’s groups.

Some members of Alliance have also submitted shadow reports in order to elaborate on specific issues. However, I would like to stress that we all have worked in co-operation.

I will raise 2 critical issues, political representation and abortion, and my colleague will raise additional issues.

1. Political representation

In contravention of articles 7 and 8, women continue to be underrepresented in political decision making. In 2004, only 13% of Dail Eireann (the main house of the Irish parliament) members were women and the number of female Cabinet ministers and Ministers of State have also decreased since the last state report, to 12% and 13% respectively.

Government interventions under article 4.1 have focused on a narrow interpretation of what constitutes political participation and do not reflect general recommendation 23(5). Special Measures have focused on numerical representation within political parties and have not addressed the barriers to participation as identified by the CEDAW Committee, structural and attitudinal reasons, including limiting cultural and social values and difficulties in reconciling family life, paid employment and political tasks. These measures have not been evaluated in terms of their impact or their contribution to de facto equality. Evaluation has focused on statements of intent and policies within political parties.

We recommend that the government:

• undertake temporary special measures under article 4.1 and in keeping with General Recommendations 25 and 23(15) establish a national support structure to support the full participation of women in political life, at community, local and national level, and

• introduce family friendly parliamentary working practices with timebound indicators and plans for impact assessment, in keeping with General Recommendation 23(11)

2. The unresolved abortion issue

Abortion is a criminal offence under the Offences Against the Person Act 1861 and is prohibited in the Constitution (under Article 40.3.3). It is only permissible where necessary to save the life of a pregnant woman. It is not permitted in cases of rape, incest or foetal anomaly or when continuation of pregnancy could cause even severe and irreparable harm.

In 1992 the Supreme Court held, in the ‘X’ case, that an abortion to save the life of the mother can lawfully be carried out in Ireland. Despite this ruling, the government has not enacted legislation.

We recommend that the government, in keeping with General Recommendation 24 (31c):

• Introduce legislation to give effect to the ‘X’ case

• Decriminalise abortion and repeal Act 40.3.3 of the Consitution which equates the life of the woman with that of the foetus.

In 1999 the CEDAW Committee expressed concern at the restrictive abortion laws and urged the government to facilitate a national dialogue. They have not done this, nor has any positive action regarding education and awareness raising been undertaken to stimulate debate on abortion. Substantial polling data suggests the majority of the population favour greater access to abortion, particularly in extreme circumstances. Yet, the government has never put a proposal to the people to vote for a liberalization of the abortion law.

We recommend that the government:

• Initiate a debate on abortion to raise awareness of the complexities of the issues

The government’s continued disregard for CEDAW Article 12 forces Irish women to travel to the UK for abortions. Figures (from UK Dept. of Health) show that 6,320 women with Irish addresses, had termination in the UK in 2003. Accessing abortion services is extremely difficult for women experiencing poverty and can explain the reasons why women from Ireland have a high percentage of late abortions. Also, in the past year Irish police have found evidence of illegal, unsafe abortions particularly among immigrant women who, along with financial difficulties, also face travel restrictions due to their non-residency status. Since abortion is a criminal offence in Ireland, this stigma discourages women from seeking follow-up care and results in many keeping their full health history from their doctors.

We recommend that the government, in keeping with General Recommendation 24 (31 b, c, d):

• Ensure the provision of necessary follow-up health care
• Develop greater and equal access to abortion for all women, particularly when a woman’s health is at risk, where she is pregnant as a result of rape or there is evidence of severe foetal anomaly.
• Provide comprehensive information and accessible and affordable family planning services, particularly in rural areas.

Thank you for your attention.

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