Explaining gender equality difference in a devolved system: The case of abortion law in Northern Ireland

Abstract

Feminist political science, including that which considers institutions and institutional change (Krook and Mackay, 2010) tends to focus on positive movements. Similarly, literature which considers the gendered effects of devolution in the United Kingdom (the UK) has also largely emphasised the benefits of devolved governance, especially as regards women's descriptive and substantive representation (Chaney,

Resisting gendered change: Feminist institutionalism and critical actors

“…The 1967 Abortion Act, which legislates for legal termination in England, Scotland and Wales, was never extended to Northern Ireland. There has been little attempt to extend the Act to Northern Ireland from central government at Westminster, either at the time of the initial Act, or in later years, following the devolution of substantial political power to the province since 1998 (Thomson, 2015). As such, terminations in Northern Ireland are far more restricted than in the rest of the United Kingdom, legal only where there is a risk to the life of the woman, or if continuing the pregnancy would result in a permanent or long-term effect on her physical or mental health.…”

“…Terminations are thus not immediately available in cases of rape, incest, or fatal foetal abnormality. The majority of women seeking terminations travel to England and pay for private procedures (Bloomer and Fegan, 2014;Horgan and O'Connor, 2014;Thomson, 2015Thomson, , 2016.…”

“…It decreed that the Assembly must address this, but this has not encouraged any action and the law remains unchanged. Furthermore, there has been a distinct lack of interest from central government at Westminster on this issue (Thomson, 2015).…”

“…This ‘logic’ dictates the behaviour that can be displayed within the institution, such that ‘the masculine ideal usually dominates political and legal settings’ (Chappell, 2014b: 184). Feminist institutional theorists argue that the informal is thus a key aspect to appreciating the gendered nature of institutions and that ‘monitoring inaction , silences , and lacunae ’ (Chappell, 2014b: 193, emphasis added) must form a key part of the analysis (Thomson, 2015).…”

From Her Story, to Our Story

“…In the Republic, abortion law is written into the Constitution, giving the life of the unborn fetus a right to life equal to that of the pregnant woman [74]. In NI, the Abortion Act 1967 (which allows legal abortion up to 24 weeks in the rest of the UK) does not extend to cover NI, meaning women have to travel to England, Scotland or Wales to access these services [75]. In both countries, abortion remains illegal even in cases of rape, incest, or fetal abnormality.…”