Safe access zones must be legislated for without further delay, the Irish Human Rights and Equality Commission (‘the Commission’) said today, in a submission on the General Scheme of the Health (Termination of Pregnancy Services (Safe Access Zones) Bill 2022.
The Commission highlights how anti-abortion activity has been reported outside of health clinics, GP practices and maternity hospitals, since termination of pregnancy was commenced in 2019. This can act as a real barrier for women in accessing abortion services, especially given the fact that only 1 in 10 GPs in Ireland provide abortion care. Furthermore, witnessing this activity can cause mental and physical harm for service users and lead to delayed appointments and deferred treatments, as well as increasing judgement and stigma.
The absence of safe access zones can impact health professionals themselves, and decisions they make about how and if they could provide termination of pregnancy services within their healthcare setting.
Research suggests that this anti-abortion activity is not rare and because the impact of this is likely to be harmful to the well-being of women accessing abortion services, the Commission recommends a response that engages criminal law. The alternative of civil remedies, like an injunction, are not effective to address widespread and repeated protests.
The General Scheme is a proportionate response to a significant problem affecting the rights of women accessing termination of pregnancy services, and service providers.
Given the impact of protests on the provision of healthcare, the Commission calls on the Government to progress this legislation as soon as possible.
Further recommendations include:
- Further consideration be given to the 100m radius so that there is no unintended constitutional interference with freedom of assembly.
- The Commission recommends an obligation be placed on An Garda Síochána to collect data disaggregated on equality grounds; and that this data is anonymised and published to facilitate public scrutiny and research.
- The Commission recommends an obligation be placed on An Garda Síochána to keep a record of how their powers under this legislation are being enforced and to publish annual reports on this activity.
- The Commission recommends that a review of this legislation be included in the review of the Health (Regulation of Termination of Pregnancy) Act 2018 to monitor the effectiveness of the law in addressing access to termination of pregnancy services without impediment.
This review should involve public consultation including with structurally vulnerable groups and with service providers. The Minister should place the review report before the Houses of the Oireachtas on the operation of the Safe Access Zones Act.
Chief Commissioner Sinéad Gibney said:
“Legislation for safe access zones is necessary to protect the safety and well being of women accessing doctors and health care practitioners providing termination of pregnancy services. It is critical that this legislation is enacted without further delay.”
ENDS/
For further information, please contact:
Sarah Clarkin, IHREC Communications Manager,
01 8592641 / 087 4687760
sarah.clarkin@ihrec.ie
Follow us on twitter @_IHREC
Editor’s Note
The Commission has published these legislative observations in line with its mandate to keep under review the adequacy and effectiveness of law and practice in the State relating to the protection of human rights and equality, and to make recommendations to the Government to strengthen and uphold human rights and equality in the State.
Irish Human Rights and Equality Commission
The Irish Human Rights and Equality Commission is an independent public body, appointed by the President and directly accountable to the Oireachtas. The Commission has a statutory remit set out under the Irish Human Rights and Equality Commission Act (2014) to protect and promote human rights and equality in Ireland, and build a culture of respect for human rights, equality and intercultural understanding in the State.
The Irish Human Rights and Equality Commission is Ireland’s national human rights institution and is recognised as such by the United Nations. The Commission is also Ireland’s national equality body for the purpose of a range of EU anti-discrimination measures.