It seems to me that, with an exception to be discussed presently, Hursthouse accomplishes the critical task which she sets for herself. She is particularly successful in pointing out how very complex the abortion issue is, and how the person view and utilitarianism overlook its complexities. Hursthouse notes that Thomson's position does not suffer from this latter shortcoming, but she also argues clearly and convincingly that the position should be rejected on other grounds—grounds pertaining primarily to various things Thomson says (...) about rights. Notwithstanding its many virtues, however, Hursthouse's critical discussion does strike me as problematic in a noteworthy respect. (shrink)

More than half a century after the Universal Declaration of Human Rights defined what a human being is and is entitled to, Catharine MacKinnon asks: Are women human yet? She exposes the consequences and significance of the systematic maltreatment of women and its systemic condonation as she points toward fresh ways of targeting its toxic orthodoxies. A critique of the transnational status quo that also envisions the transforming possibilities of human rights, this bracing book makes us look as never before (...) at an ongoing war too long undeclared. (shrink)

The SlutWalk campaigns around the world have triggered a furious debate on whether they advance or limit feminist legal politics. This article examines the location of campaigns such as the SlutWalk marches in the context of feminist legal advocacy in postcolonial India, and discusses whether their emergence signifies the demise of feminism or its incarnation in a different guise. The author argues that the SlutWalks, much like the Pink Chaddi (panty) campaign in India, provide an important normative and discursive challenge (...) to a specific strand of feminism based on male domination and female subordination in the area of sexuality and also speaks to the emergence of consumer agency in the very heart of pleasure in the neo-liberal moment. It serves as a space clearing gesture, a form of feminism ‘lite’, rather than offering a transformative or revolutionary politics, and thus enables the possibility of feminist theoretical positions in a postcolonial context that have hitherto been marginalised or ignored in feminist legal advocacy in India to emerge. (shrink)

This article examines the ways that state sexual regimes intersect with migration controls to re-make exclusionary nation-states and geopolitical hierarchies among women. I focus on two important Irish Supreme Court rulings: the X case (1992) and the O case (2002), respectively. X was a raped, pregnant, 14-year-old who sought an abortion in Britain. While the Supreme Court ultimately permitted her to procure an abortion, women's right to travel across international borders without government inquiry into their reproductive status came into question. (...) The O case concerned a Nigerian asylum seeker who invoked the fact that she was pregnant in an effort to avoid deportation. The Supreme Court, however, affirmed that she could be deported, despite the Irish Constitution's pledge to protect the ‘right to life of the unborn.’ Considered together, these cases reveal how overlapping sexual/migration control regimes both reinscribe hierarchies among women based on geopolitical location, and rebound the exclusionary nation-state despite growing transnationalism. (shrink)

Author very well known - leading writer on women and law provides major new critique of law in controversial areas such as rape, pornography, child custody 2 way promotion - criminology, women's studies.

Why does #RepealedThe8th matter for feminist legal studies? The answers seem obvious in one sense. Feminism has long constituted itself through the struggle for sexual and reproductive justice, and Irish feminism has contributed a significant ‘legal win’ with the landslide vote of approval for lifting abortion restrictions in the referendum on the 25th May 2018. That win comes at a global moment when populist legal engagement is doing significant damage in countries that regard themselves as world leaders, and beyond. #RepealedThe8th (...) offers Ireland, and the world, the actuality that the popular vote, and everything that contributes to it, could be something else. Repeal shows how legal tools like the vote may be made into an expression of care for reproductive lives. This expression is important in recognizing pregnant people as knowing agents who are best placed to decide, and in seeking to do justice to those who contribute to everyday reproductive life. But repeal, like the many who brought it into being, has multiple meanings. #RepealedThe8th matters because it is a moving process of socio-legal translation, which draws on a collective energy, ‘repeal energy’, to turn the travesty that was the Eighth Amendment and all it represents into a search for the rest of reproductive life. In opening up the meaning of the vote, much like feminists elsewhere have opened up the meaning of the strike, Irish feminists have turned public mourning over past mistreatment into a series of reproductive connections. This is not a strategy that can be rolled out. Figuring out #RepealedThe8th will take many tellings. Rather we need to give repeal, and repealers, room to breathe and rest. We need to feel our way through repeal’s production of legal change so that this success is not reduced to some generic transferable set of legal instructions. I begin by reflecting on repeal as a process of feminist socio-legal translation, which shows us how legal change comes about through the motivation of collective joy, the mourning of damaged and lost lives, the sharing of legal knowledge, and the claiming of the rest of reproductive life. (shrink)

On the issue of abortion, Ireland and Poland have been among the most conservative countries in Europe. Their legal and cultural approaches to this issue have been deeply influenced by the institution of the Catholic Church and its purported role as a defender of an authentic national identity. However, their political climates for abortion reform are increasingly divergent: Ireland has liberalised its abortion law substantially since 2018, while Poland is moving towards further criminalisation with the repeated introduction of restrictive laws (...) in parliament. Both have seen active pro-choice movements who mobilise for reform and widespread non-compliance with their restrictive abortion laws, but the policy impact of these trends varies significantly. What accounts for this difference? This article draws on comparative analysis of Ireland and Poland to assess their divergent trajectories on abortion reform, arguing that the most significant driver of change between the two is the disparity in influence of the Catholic Church on politics and policymaking. (shrink)

This article presents some of the findings from the original research carried out with asylum seeking and refugee women in Ireland who were pregnant or who had recently given birth. The explosion in numbers in Ireland from 1998 onwards has been such that this group now comprises more than one in five of every birth in the country's three major maternity hospitals, all based in Dublin. The article explores the background reasons for the major increase in recent years of this (...) group of women. It discusses the difficult circumstances encountered by women who must engage with a system of maternity care unused to such complex needs, amidst a general policy climate of uncertainty and even hostility towards asylum seekers. The research findings contribute to the feminist literature on maternity and challenge us to examine the way in which globalization is impacting on women as mothers and the need for challenging Western states anew on the development of a more coherent model of maternity care in response to the needs of such women. (shrink)

In 2018, Irish citizens voted overwhelmingly to repeal the Eighth Amendment to the Constitution to allow for the introduction of a more liberal abortion law. In this article, I develop a retrospective reading of the stubborn persistence of the denial of reproductive rights to women in Ireland over the decades. I argue that the ban’s severity and longevity is rooted in deep-seated, affective attachments that formed part of processes of postcolonial nation-building and relied on shame and the construction of the (...) Irish nation as a particular, gendered place. The article develops the notion of ‘gendered displacement’ to conceptualise abortion travel in the context of the history of women’s coercive confinement, and provides an affective, feminist reading of the interlinkages between place and nationhood. It also draws on three cases—the X, Y and Z cases—to illustrate the centrality of place and women’s occupation of space to the analysis of Ireland’s abortion ban, which should be read in the wider context of the legacy of what I term the ‘affective politics of place’. (shrink)

Feminists witness legal worlds as they observe, document and share nothing less than the reproduction of life itself. The world of the abortion trail, where people and things move across borders to change life’s reproduction, has generated a rich variety of legal sources, figures and objects for feminist witnessing. In watching how feminist activists improvise with sources, figures and objects of legal consciousness on the abortion trail, this article seeks to contribute to critical understanding of a plurality of witnessing practice, (...) particularly as it emerges in diaspora space. Focusing on Murphy’s concept of immodest witnessing, with its attention to bodies, protocols and apparatuses as constituents of knowledge, the article thinks with the diasporic feminist performance group, Speaking of I.M.E.L.D.A., about how they used self-examination, collaboration and knowledge-sharing on the trail to repeal Ireland’s 8th Amendment. The article argues that their improvisation with legal consciousness of reproductive choice enacts ‘cheeky witnessing’. Cheeky witnessing has three dynamics as a method of observation. First, it is messy and irreverent in innovating with names to display the mixed genealogies of feminist knowledge. Second, cheeky witnessing generates novel subject-figures who make connections between different reproductive labourers as observers of the trail in diaspora space. Third, cheeky witnessing places funny objects, knickers in this instance, so as to join up particular public locations and make them more, if unevenly, comfortable for sexual and reproductive bodies. Cheeky witnessing shows us how committed and partial practices play a role in speaking across interests and experiences, in stretching the legal imagination and in sustaining the everyday grind of making a better world. (shrink)

This paper considers the ways in which discourses of abortion and discourses of national identity were constructed and reproduced through the events of the X case in the Republic of Ireland in 1992. This case involved a state injunction against a 14-year-old rape victim and her parents, to prevent them from obtaining an abortion in Britain. By examining the controversy the case gave rise to in the national press, I will argue that the terms of abortion politics in Ireland shifted (...) from arguments based on rights to arguments centred on national identity, through the questions the X case raised about women's citizenship status, and women's position in relation to the nation and the state. Discourses of national identity and discourses of abortion shifted away from entrenched traditional positions, towards more liberal articulations. (shrink)

In the context of Ireland’s new legislation governing abortion, I outline and examine the spatial consequences of political decision-making. I argue that Ireland’s new abortion law and its clinical guidance permit travel for some pregnant people but impose fixity on others. I analyse the spatial consequences of legal limitations, including non-medically necessary delays in care and medical control of medication abortions, that necessitate travel for abortion. I demonstrate how current laws fix some pregnant people in place, including diverse migrant populations (...) within Ireland, with no possibilities for abortion-related travel. This critique of the ‘new’ law demonstrates the Irish state’s continued political and medical control of abortion. (shrink)

This article considers the forces which act to prevent women in Ireland from speaking about their experiences of abortion. It considers the various forms such silencing can take and the complexity of feelings and circumstance which women who have had abortions are subject to. In so doing it raises important questions about the way public debate about abortion between pro-choice and pro-life arguments — couched in terms of rights — acts to further silence women. Finally, the article calls for the (...) creation of a new public and intellectual space in which the complexities of the issues can be realized. A new public space such as this could then facilitate the enactment of permissive legislation which in turn could enable women to decide the best pregnancy option available for them at any particular moment in their lives. (shrink)