A Irlanda desde a revogação da Oitava Emenda

Abstract

In 2018, Ireland changed its strict anti-abortion laws. The recommendations of a national citizens assembly were central to this change 1. A referendum took place in May 2018. Campaigning for and against with the hashtag Repeal the Eighth (#Repealthe8th). A cross-society campaign called Together for Yes resulted in the incorporating doctors, lawyers, parents, grandparents. The result was an overwhelming majority of 67% versus 33% in the voting. Politicians worked hard to ensure the popularity of this law among households. Some people criticized the speed of the movement which left little time to debate nuances about the subject. Medical opinion cautioned on specific issues such as a mandatory three-day-wait which was not evidence-based and such mandatory wait was considered as a concession supporting conservative groups. Other areas of discussion included the gestational limit of 12 weeks of pregnancy (with no restriction until this time) and how this limit would be estimated. Doctors were worried that the law did not mention whether the feticide were legal or not, which is a normal practice in terminations for fetal abnormality in other countries. The published law enables termination without restriction for pregnancies up to 12 completed weeks as the first circumstance. However, the law also establishes a mandatory three-day-wait for the first appointment to offer medical or surgical treatment. The second circumstance, a lawful termination, may occur when the fetus has a significant anomaly expected to be fatal or cause death within 28 days. This lawful termination was created to include cases of trisomy 13 and 18 but it does not include trisomy 21, anencephaly, and encephalocele. Ireland has presented in the recent years the NIPT (non-invasive prenatal testing) which is widely available but incurs an out-of-pocket fee. A note was required to clarify if the feticide was actually legal. The third circumstance occurs when the woman's life or health is at risk both by medical condition or by risk of suicide. In those circumstances, there is no gestational limit for the termination. The Department of Health asked the Institute of Obstetricians and Gynaecologists and the Royal College of General Practitioners (RCGP) to produce clinical guidelines 2,3,4 in line with the proposed legislation. The Department provided a strong administrative support evidencing the commitment with the process. Doctors worked tirelessly to produce the guide in accordance with the law. Despite the doctors' effort, the guideline creation faced some resistance, for example, both the Institute and the

Oferta de aborto legal na atenção primária à saúde

“…A experiência irlandesa demonstra que é possível implementar a oferta de aborto em serviços de APS mesmo em contextos sem um histórico deste tipo de assistência. 44 A história de El Salvador, por sua vez, é emblemática das consequências de retrocessos políticos e regulatórios relativos ao aborto: no final dos anos 90, reformas constitucionais e do código penal ocorridas sob forte influência religiosa estabeleceram o direito à vida desde a concepção e a criminalização absoluta do aborto, com penas rigorosas para mulheres e profissionais. 45 As consequências para as mulheres são graves e, além da ocorrência de abortos inseguros, investiga-se uma possível relação da legislação restritiva com a elevada incidência de suicídios entre adolescentes grávidas.…”