Английская Википедия:Fourteenth Amendment of the Constitution of Ireland

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Шаблон:Use dmy dates Шаблон:Use Hiberno-English Шаблон:Merge Шаблон:Infobox referendum The Fourteenth Amendment of the Constitution Act 1992 (previously bill no. 26 of 1992) is an amendment to the Constitution of Ireland which specified that the protection of the right to life of the unborn did not limit the right to distribute information about services in foreign countries. It was one of three referendums on abortion held on 25 November 1992. It was approved and signed into law on 23 December of the same year.

On 25 May 2018, a referendum was passed to replace the provision on the right to life of the unborn with a clause allowing legislation on the termination of pregnancy.

Background

In 1983, the Eighth Amendment of the Constitution was approved in a referendum, inserting Article 40.3.3°:

The Society for the Protection of Unborn Children obtained two injunctions affecting the availability of information on abortion services outside of the state. In Attorney General (Society for the Protection of Unborn Children (Ireland) Ltd.) v Open Door Counselling Ltd. and Dublin Wellwoman Centre Ltd. (1988), an injunction was granted restraining two counseling agencies from assisting women to travel abroad to obtain abortions or informing them of the methods of communications with such clinics, and in Society for the Protection of Unborn Children (Ireland) Ltd. v Grogan (1989), an injunction was granted restraining three students' unions from distributing information on abortion available outside the state. The Fourteenth Amendment allowed for information on abortion under terms regulated by law.

On the same day, two referendums were held in response to aspects of the Supreme Court decision in the X Case decided in March 1992: the Twelfth Amendment which would have excluded the risk of suicide as grounds for an abortion, which was defeated, and the Thirteenth Amendment, to permit travel outside of the state to obtain an abortion, which was approved. These three referendums were held on the same day as the 1992 general election.

Changes to the text

Insertion of a new paragraph in Article 40.3.3°: Шаблон:Quote frame

The subsection relating to abortion had originally been added with the Eighth Amendment in 1983. With the approval of the Thirteenth Amendment and the Fourteenth Amendment, the full text of Article 40.3.3° was:

Oireachtas debates

A previous amendment to the constitution had been proposed as a private member's bill by Labour Party TD Brendan Howlin on 12 May 1992. This proposed to insert the following subsection after Article 40.3.3°: Шаблон:Quote frame This was defeated at Second Stage the following day by 62 votes to 67.

The Fourteenth Amendment was proposed in the Dáil by Minister for Justice Pádraig Flynn on 21 October 1992. It was passed in the Dáil on 22 October and in the Seanad on 30 October. It proceeded to a referendum on 25 November.

Result

Results by constituency

Constituency	Electorate	Шаблон:Nowrap	Votes		Proportion of votes
			Yes	No	Yes	No
Carlow–Kilkenny	81,192	69.2%	31,463	21,684	59.2%	40.8%
Cavan–Monaghan	79,004	70.2%	26,934	24,919	51.9%	48.1%
Clare	65,579	67.9%	25,092	16,964	59.7%	40.3%
Cork East	58,160	71.8%	20,924	19,102	52.3%	47.7%
Cork North-Central	68,209	66.6%	24,266	19,689	55.2%	44.8%
Cork North-West	44,578	75.4%	14,674	16,910	46.5%	53.5%
Cork South-Central	75,747	71.1%	32,218	20,050	61.6%	38.4%
Cork South-West	44,627	73.8%	15,562	15,197	50.6%	49.4%
Donegal North-East	46,934	67.2%	12,395	17,538	41.4%	58.6%
Donegal South-West	48,494	62.1%	11,797	16,446	41.8%	58.2%
Dublin Central	59,941	61.3%	20,812	14,784	58.5%	41.5%
Dublin North	62,917	69.0%	31,534	10,983	74.2%	25.8%
Dublin North-Central	64,349	71.6%	29,253	15,815	64.9%	35.1%
Dublin North-East	57,888	69.6%	28,623	11,036	72.2%	27.8%
Dublin North-West	57,951	65.3%	24,485	12,474	66.3%	33.7%
Dublin South	84,767	70.4%	43,613	15,018	74.4%	25.6%
Dublin South-Central	63,316	64.1%	25,825	13,949	64.9%	35.1%
Dublin South-East	68,366	58.8%	26,557	12,573	67.9%	32.1%
Dublin South-West	69,654	61.9%	31,009	11,173	73.5%	26.5%
Dublin West	57,755	64.9%	26,235	10,478	71.5%	28.5%
Dún Laoghaire	85,924	68.8%	44,009	14,001	75.9%	24.1%
Galway East	42,604	66.5%	14,885	12,487	54.4%	45.6%
Galway West	78,539	63.8%	28,761	18,515	60.8%	39.2%
Kerry North	48,606	69.6%	15,875	15,683	50.3%	49.7%
Kerry South	44,034	70.1%	15,389	13,058	54.1%	45.9%
Kildare	77,798	65.3%	33,425	15,935	67.7%	32.3%
Laois–Offaly	77,226	70.2%	27,552	23,624	53.8%	46.2%
Limerick East	71,004	68.6%	27,100	19,823	57.7%	42.3%
Limerick West	44,768	71.3%	14,629	15,165	49.1%	50.9%
Longford–Roscommon	60,452	75.1%	22,402	19,686	53.2%	46.8%
Louth	65,666	67.3%	24,356	18,260	57.2%	42.8%
Mayo East	43,392	68.0%	14,434	12,857	52.9%	47.1%
Mayo West	43,407	68.4%	15,838	11,544	57.8%	42.2%
Meath	77,900	66.0%	30,493	18,978	61.6%	38.4%
Sligo–Leitrim	60,675	70.4%	21,659	18,164	54.4%	45.6%
Tipperary North	42,633	75.1%	15,403	14,614	51.3%	48.7%
Tipperary South	56,705	70.3%	20,144	17,878	53.0%	47.0%
Waterford	63,692	68.1%	25,661	15,971	61.6%	38.4%
Westmeath	46,128	67.0%	15,874	13,447	54.1%	45.9%
Wexford	75,553	69.6%	28,384	21,530	56.9%	43.1%
Wicklow	76,707	67.8%	33,289	17,104	66.1%	33.9%
Total	2,542,841	68.1%	992,833	665,106	59.9%	40.1%

Aftermath

The legislation anticipated by the Fourteenth Amendment was provided for in the Regulation of Information (Services Outside the State For Termination of Pregnancies) Act 1995. This bill was referred by the President to the Supreme Court prior to its enactment, which upheld it as constitutional, having assigned counsel to argue that it provided inadequate protection to the life of the unborn, and counsel to argue that it provided inadequate protection to the rights of a woman. It was found to be constitutional and signed into law on 12 May 1995.

Repeal

On 25 May 2018, the Thirty-sixth Amendment of the Constitution was passed by referendum. It was enacted on 18 September 2018, replacing the previous text of Article 40.3.3° with: Шаблон:Quote frame

External links

• Fourteenth Amendment of the Constitution Act 1992
• Referendum (Amendment) (No. 2) Act 1992
• Regulation of Information (Services Outside the State For Termination of Pregnancies) Act 1995
• Full text of the Constitution of Ireland
• Oireachtas Debates: Fourteenth Amendment of the Constitution Bill 1992