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Protesters in Dublin after the death of Savita Halappanavar
Protesters in Dublin after the death of Savita Halappanavar. Photograph: Niall Carson/PA
Protesters in Dublin after the death of Savita Halappanavar. Photograph: Niall Carson/PA

A brain-dead Irish woman’s body is being used as an incubator. Be angry

This article is more than 9 years old
Emer O’Toole

Ireland’s politicians tell us not to be emotional about the abortion debate but these are women’s lives and it’s right to be upset

In Ireland, a woman who is clinically dead but 17 weeks pregnant is being kept alive against her family’s will. At this painful time, her relatives must go to court to stop the Irish state treating their loved one’s body as a cadaveric incubator.

Do those facts emotionally affect you? Then please calm down. What we need here is balance. Indeed, the Irish media considers it a moral virtue to trot out pro-life arguments alongside the facts of each and every new horror story that arises from Ireland’s abortion laws. There are two sides to this debate, after all. And Taoiseach Enda Kenny has cautioned us against “knee-jerk” reactions to sensitive cases such as this. What is the opposite of a knee-jerk reaction? Is it a tropism towards the light so slow that we wither and die in the dark? Because I think that might be a more fitting analogy here.

In 1983, due largely to pressure from Catholic lobby groups, Ireland became, as Fintan O’Toole puts it, the only country in the democratic world to have a constitutional ban on abortion. The eighth amendment holds that the right to life of a pregnant woman cannot be privileged over that of a foetus. In 1992 a high court judge ruled that a suicidal teenage rape victim, Miss X, had the right to abortion. Due largely to pressure from the Catholic right, it took the Irish government more than 20 years to legislate for the case. Finally, in 2013, after the tragic death of Savita Halappanavar in 2012, it did so. This resulted in the protection of life during pregnancy bill, which, as the Abortion Rights Campaign argued at the time, was so restrictive that it was doubtful whether it would enable a suicidal teenage rape victim to access abortion at all.

The ARC was not just correct, but prophetic. This year, a suicidal teenage victim of rape and torture (Miss Y) was forced to carry her pregnancy to viability and deliver by C-section. And now we have a clinically dead woman being ventilated and fed for the sake of an insentient foetus, while her heartbroken family takes legal action in order to mourn her.

But we mustn’t get emotional. There’s no political appetite for another abortion debate. Kenny has already dealt with this issue. The passing of the protection of life during pregnancy bill last year was very difficult for him and his party. He deserves a pat on the back for legislating at all.

If you must discuss this case, do so cooly: in terms, perhaps, of its potential effects on the career prospects of male politicians? Is the ambitious Leo Varadkar, the health minister, using this case opportunistically? What might it mean for the future leadership of Fine Gael? That’s what matters here. Women’s bodies, women’s lives, women’s rights: those are messy, incendiary topics, best avoided.

However, you can’t just say “no comment” if you’re the taoiseach. It might look cold. And so, Kenny, while carefully strapping his knees to the legs of a chair lest they betray some kind of humanity, recommends a careful measure of empathy: “Let anybody put themselves in the position of this family,” he says. And I can’t help but wonder if he can countenance this kind of empathy because it allows him a male subject position.

Let anybody put themselves in the position of this family. Then let anybody put themselves in the position of Savita Halappanavar, in pain, miscarrying, at increased risk of septicaemia, denied an abortion. Or of Miss Y, raped, seeking asylum in a country that bureaucratically continues her torture. Or of a woman told her foetus has a fatal abnormality but that she must continue to carry it. Or of a terrified teenage girl waiting for the abortifacient pills she ordered from some dodgy website. Or of a mother-of-two, going through a marriage breakup, who finds she is pregnant. Or of any of the women who contact Mara Clarke’s Abortion Support Network, asking for help to cross the Irish channel, each with their stories, each with their reasons.

Women’s experiences are routinely erased from Irish discourse on abortion. Our government and media won’t engage with the reality of living in a body that gets pregnant. When others do, they are dismissed as irrational, emotive: feminine.

Objectivity, historian Helen Graham once said, is not an equidistant position between any two points. It is right to be angry and upset in the face of injustice. 2014 has shown us the truth about the contempt for women underlying Kenny’s new legislation.

Be angry that a dead woman’s body is being used as an incubator. Be upset that Miss Y was forced to carry her rapist’s child to 24 weeks. These are women’s bodies. These are women’s lives. And that is what matters here.

More on this story

More on this story

  • Brain-dead pregnant woman’s life support can be switched off, Irish court rules

  • Father of brain-dead pregnant woman tells Irish court: I want her put to rest

  • Irish doctors seek legal advice over brain-dead pregnant woman

  • Anti-abortion activist given community service for harassing Belfast clinic boss

  • Anti-abortion activist found guilty of harassing Belfast Marie Stopes boss

  • Labour considers buffer zones to restrict abortion clinic protests

  • Pregnant passerby challenges anti-abortion protesters

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