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The Unborn Child, Article 40.3.3° and Abortion in Ireland

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The Unborn Child, Article 40.3.3° and Abortion in Ireland

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Timely and vital cross-disciplinary analysis of the abortion controversy in Ireland


Article 40.3.3° has now been part of the Irish Constitution for 25 years, and this book considers the impact and effect of this unique provision which protects the right to life of the unborn child at a constitutional level. Few other provisions of the Constitution have provided as much controversy and legal impact as Article 40.3.3°, and the contributors to this volume offer insights on it from a multiplicity of fields, including medicine, politics, philosophy, sociology and law. While most discussion on this topic takes place within the confines of a particular discipline, this book is exceptional as it addresses the "right to life of the unborn child and the equal right to life of the mother" from each of these perspectives. This comprehensive volume offers a timely and vital analysis of the impact and development of this internationally unique provision. Contents "Foreword", by The Hon Mrs Justice Catherine McGuinness "Introduction", by Jennifer Schweppe Part One: The Politics of Article 40.3.3° "From Anti-Amendment Campaigns to Demanding Reproductive Justice: The Changing Landscape of Abortion Rights Activism in Ireland, 1983-2008", by Dr Sandra McAvoy "From Rights to Compassion: The D Case and Contemporary Abortion Politics", by Dr Lisa Smyth "'I Don't Want to Get into This, It's Too Controversial' - How Irish Women Politicians Conceptualise the Abortion Debate", by Morgan Healy Part Two: The Maternal-Foetal Conflict "Comparative Views on the Significance of Foetal Personhood", by Dr Neville Cox Pregnancy and Unwanted Third Party Interference: A Woman's Rights", by Dr Eimear Spain "Maternal Consumption of Drugs and Alcohol in Pregnancy: A Child Protection Concern", by Liam Curran "To Intervene or Not to Intervene Legal Issues in the Mother-Unborn Child Relationship", by Dr Gerard Casey Part Three: Article 40.3.3° and the Law "Article 40.3.3° of the Constitution: Respecting the Dignity and Equal Worth of Human Beings", by Prof William Binchy "Abortion Law: Rights Discourse, Dissent and Reproductive Autonomy", by Dr Siobhan Mullaly "The State of Abortion Law in Northern Ireland", by Dr Karen Brennan "The Statute Law on Abortion in Ireland", by Dr Peter Morriss Part Four: Reproduction, Medicine, Health and Ethics "Article 40.3.3º and Assisted Human Reproduction in Ireland", by Dr Deirdre Madden "Reproductive Justice and Article 40.3.3°", by Dr Ruth Fletcher "'A Constitutionally Permissible Abortion': The Right to Travel, the Role of the Medical Profession and the Duty of the HSE", by Jennifer Schweppe "Psychological Effects of Abortion and Informed Consent", by Prof Patricia Casey Index About the Editor Jennifer Schweppe is engaged as a permanent member of faculty in the University of Limerick's School of Law. She worked as a legal researcher in the Office of the Attorney General and the Law Reform Commission before taking up her current post. Her main research interests are in the areas of Constitutional Law and Criminal Law, and she is currently engaged by the Department of Justice to produce a report on the efficacy of introducing race crimes into Irish law.
Additional Information

Additional Information

Author No
Editor Jennifer Schweppe
Print Format Paperback
ISBN-10 1905785518
ISBN-13 978-1-905785-51-3
Illustrations No
Date of Publication October 2008
Number of Pages 450

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