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Feminism: Sex & gender discussions

I think Ireland might have accidentally legalised abortion

3 replies

QueenStromba · 04/06/2015 08:15

They've just made it so that you can change your legal gender without so much as a doctor's note: www.thejournal.ie/trans-rights-ireland-gender-recognition-self-declaration-2141181-Jun2015/

My first thought was that it was terrible but my second thought was to go check the wording on the Acts that make abortion illegal to see if they specify that they apply to women. It looks to me that the abortion laws would not apply to a woman if she were legally a man.

The protection of life during pregnancy act 2013 does refer to “pregnant woman" and the Offenses against the Person Act 1861 says this:

"Section 58 - offence of using drugs or instruments to procure abortion, replaced section 6 of the Offences against the Person Act 1837, and provides:

58. Every woman, being with child, who, with intent to procure her own miscarriage, shall unlawfully administer to herself any poison or other noxious thing, or shall unlawfully use any instrument or other means whatsoever with the like intent, and whosoever, with intent to procure the miscarriage of any woman whether she be or be not with child, shall unlawfully administer to her or cause to be taken by her any poison or other noxious thing, or unlawfully use any instrument or other means whatsoever with the like intent, shall be guilty of felony, and being convicted thereof shall be liable . . . to be kept in penal servitude for life . . .

Section 59 - offence of supplying or procuring poison or instruments for the purpose of criminal abortion, and provides:

59. Whosoever shall unlawfully supply or procure any poison or other noxious thing, or any instrument or thing whatsoever, knowing that the same is intended to be unlawfully used or employed with intent to procure the miscarriage of any woman, whether she be or be not with child, shall be guilty of a misdemeanor, and being convicted thereof shall be liable . . . to be kept in penal servitude . . ."

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meditrina · 04/06/2015 09:47

The requirement for a statutory declaration that it is their settled and solemn intention to live the rest of their life in their acquired gender will make it unlikely that this Act (if passed) could be used in an abortion context. Also, it looks as if evidence of transition or transitioning could be required.

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QueenStromba · 04/06/2015 14:40

This article makes it sound like you can just rock up to the passport office and say you'd like a new passport because you're a man/woman now.

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WhirlpoolGalaxyM51 · 04/06/2015 21:34

Good plan stromba but I doubt they'd be able to find a HCP to do it even if the loophole works.

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