No, this is incorrect because the Oireachtas has legislated for instances when the mother’s life is more important to be saved than the unborn’s. If their lives were always equated, then the legislation would never have been passed. 

The Repeal Campaign sees the 8^th Amendment of the Irish Constitution in a narrow and close minded view which puts the mother’s right to life in all situations equal to that of the right to life of the unborn, which is incorrect. Though the 8th Amendment did make abortions in Ireland illegal  in  all  circumstances, this is not the current case or practice. 

From the time of commencement of the 8^th Amendment, Ireland saw many tough cases go through the legal system, and ultimately the courts came to the decision that in certain situations the mother’s life can be weighed greater than the life of the unborn. Therefore, there is no “equal” right to life of mother and the unborn baby in all situations. Let’s assess.

What does the Irish Constitution Say?

Article 40.3.3 of the Irish Constitution, also known as the Eighth Amendment, was voted into Irish law by referendum in 1983. The wording of Article 40.3.3 is:

‘The states 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.’

Interpretation of the 8^th Amendment, however, is still getting muddled today, not because the law is unclear, but because the Irish pro-choice movement muddle it. On the Repeal Eight website, the pro-abortion advocates state:“The amendment equates the life of a pregnant woman with that of an embryo or foetus and has created an unworkable distinction between a pregnant woman’s life and her health.”² Yes, the 8^th Amendment equates the life of the mother to that of an unborn child, but only to the point before the mother’s life is at risk.

If it could ever be argued that there was no confusion ( and many believe there was not) it cannot ever be argued that this is the case after the introduction of the Protection of Life During Pregnancy Act 2013.

Following this act to have a termination in Ireland, specialist doctor/s must be of the opinion that:

• You have a physical illness and there is a real and substantial risk to your life if you do not have a termination.
• You have a medical emergency and there is an immediate risk to your life if you do not have a termination.
• You are suicidal and there is a real and substantial risk to your life if you do not have a termination.

The risk to the pregnant mother must be real and substantial. A risk to one’s health is not sufficient; the real and substantial risk must be to her life.”³

It is quite clear that in all circumstances the right to life of the unborn is not equal to that of the mother. Once again the repeal movement gets it wrong, but it cannot be hard to guess why. If the already born mother was always held equal to that of the unborn, so much so that she would die from ensuring that the child would live, then  there would be uproar, which is what the pro-choice lobby wants to fuel a referendum to  repeal the 8th Amendment.