Three referendums were held in Ireland on 25 November 1992, the same day as the 1992 general election. Each was on a proposed amendment of the Irish constitution relating to the law on abortion. They were enumerated as the Twelfth, Thirteenth and Fourteenth Amendments. The proposed Twelfth Amendment was rejected by voters while both the Thirteenth and Fourteenth were approved.
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Transcription
Background
The Eighth Amendment of the Constitution was approved in a referendum in 1983. It inserted a new sub-section in section 3 of Article 40. The resulting Article 40.3.3° read:
The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.
The proposed Twelfth and Thirteenth Amendments were held to reverse differing elements of the Supreme Court's decision in the X case in which the Supreme Court held that a risk of suicide by a pregnant woman could constitute a risk to her health which would justify an abortion, and that the courts had to power to grant an injunction preventing a pregnant woman from travelling abroad for an abortion. The Fourteenth Amendment also related to abortion and was introduced to reverse decision by the courts in the abortion information cases. In these cases — beginning with Attorney-General (Society for the Protection of the Unborn Child) v Open Door Counselling Ltd.[1] — the courts had granted injunctions preventing individuals from distributing contact information for foreign abortion clinics.
Wording
Twelfth Amendment Bill
The Twelfth Amendment of the Constitution Bill 1992 proposed that the possibility of suicide was not a sufficient threat to justify an abortion. The wording of the proposed amendment was:[2]
It shall be unlawful to terminate the life of an unborn unless such termination is necessary to save the life, as distinct from the health, of the mother where there is an illness or disorder of the mother giving rise to a real and substantial risk to her life, not being a risk of self-destruction.
Thirteenth Amendment
The Thirteenth Amendment of the Constitution provided that the prohibition of abortion would not limit freedom of travel from Ireland to other countries where a person might legally obtain an abortion. The wording of the proposed amendment was:[2]
This subsection shall not limit freedom to travel between the State and another state.
Fourteenth Amendment
The Fourteenth Amendment of the Constitution proposed:[2]
This subsection shall not limit freedom to obtain or make available, in the State, subject to such conditions as may be laid down by law, information relating to services lawfully available in another state.
Result
| Choice | Votes | % |
|---|---|---|
 No
|
1,079,297 | 65.35 |
| Yes | 572,177 | 34.65 |
| Valid votes | 1,651,474 | 95.28 |
| Invalid or blank votes | 81,835 | 4.72 |
| Total votes | 1,733,309 | 100.00 |
| Registered voters/turnout | 2,542,841 | 68.16 |
| Choice | Votes | % |
|---|---|---|
 Yes
|
1,035,308 | 62.39 |
| No | 624,059 | 37.61 |
| Valid votes | 1,659,367 | 95.71 |
| Invalid or blank votes | 74,454 | 4.29 |
| Total votes | 1,733,821 | 100.00 |
| Registered voters/turnout | 2,542,841 | 68.18 |
| Choice | Votes | % |
|---|---|---|
| Yes
|
992,833 | 59.88 |
| No | 665,106 | 40.12 |
| Valid votes | 1,657,939 | 95.70 |
| Invalid or blank votes | 74,494 | 4.30 |
| Total votes | 1,732,433 | 100.00 |
| Registered voters/turnout | 2,542,841 | 68.13 |
References
- ^ [1988] I.R. 593.
- ^ a b c Referendum (Amendment) (No. 2) Act 1992, s. 1: Constitutional referenda in relation to amendments of Article 40.3 of the Constitution (No. 1 of 1992, s. 1). Enacted on 30 October 1992. Act of the Oireachtas. Retrieved from Irish Statute Book.
- ^ "Referendum on the Twelfth Amendment of the Constitution Bill, 1992 – Right to Life". Referendum Returning Officer. Retrieved 10 February 2024.
- ^ "Referendum Results" (PDF). Department of Housing, Planning and Local Government. p. 46. Archived (PDF) from the original on 22 January 2023. Retrieved 10 February 2024.
- ^ "Referendum on the Thirteenth Amendment of the Constitution Bill, 1992 – Travel". Referendum Returning Officer. Archived from the original on 5 February 2024. Retrieved 5 February 2024.
- ^ DHPLG 2019, p. 48.
- ^ "Referendum on the Fourteenth Amendment of the Constitution Bill, 1992 – Information". Referendum Returning Officer. Retrieved 5 February 2024.
- ^ DHPLG 2019, p. 50.
Further reading
- Mercereau, Jean (2007). "Public Representations of a Private Choice: Irish Daily Newspapers and the Referenda on Abortion of 1992 and 2002" (PDF). Irish Studies in Europe. 1: 151–159.
- Cacciaguidi-Fahy, Sophie (2005). "The substantive Issue and the Rhetoric of the Abortion Debate in Ireland". In Wagner, Anne; Summerfield, Tracey; Benavides Vanegas, Farid Samir (eds.). Contemporary Issues of the Semiotics of Law. Oxford: Hart Publishing. p. 154. ISBN 1841135453. Retrieved 26 May 2018.
This page was last edited on 10 February 2024, at 07:06