Protection of Life During Pregnancy Act: Was the Legislation Itself Just an Act?

Is this Ireland in 2014?

Over the course of the weekend, you'll be aware that the headlines and news bulletins focused on the Irish case of the suicidal woman who was refused an abortion by the state and later gave birth by caesarean section to her baby at 25 weeks.

Following on from the public outcry over the death of Savita Halappanavar, new law commenced on January 1st of this year that seeks to protect the lives of mother and baby, formerly known as the Protection of Life During Pregnancy Act.

Mrs Halappanavar, you'll remember, had asked for a termination after being told she was having a miscarriage, but staff at a Galway hospital refused to carry out her request and days later, she died from infection. That was in 2012.

This marks the first high profile case since the new legislation was passed. The young woman remains anonymous, due to a court order protecting her identity. But what exactly happened?

The Irish Times state that the young woman first asked for a termination in early April when she was just 8 weeks pregnant, which is apparently the point at which she discovered she was pregnant, and claims that she was raped in her country before arriving to Ireland. A friend of the woman told the paper that she had been in talks with authorities for up to three months before approaching a GP herself, who then referred her on to the hospital.

The woman, her friend and a medical source are disputing the claims that she only requested the termination by the time she was into her second trimester; they say this is untrue. As per the Irish Times, as soon as the woman discovered she was pregnant, she said:

I do not want this. I am too young to be a mother. I am not ready

Sources in the HSE, however, confirm that they were not made aware of her situation until mid July.

When the young woman arrived in hospital after much back and forth with authorities and medical experts, for which it's claimed she received little or no information, it was decided that she was too far gone to undergo the abortion, and that it was indeed possible for the baby to be delivered.

The woman, however, is claimed to have been suicidal. Upon receiving the news that they would not terminate the baby, she is said to have undertaken a food and liquid strike. It's at this point that a panel was introduced, as part of the new law, to determine the mental state of the woman, and all other determining factors. It was confirmed by the psychiatrists on the panel of experts that she was indeed suicidal but the obstetrician said that the baby could be delivered. A caesarean section ensued. The baby is said to be doing well however authorities remain concerned for the mental state of the woman.

There has been much discussion on the effectiveness of this new law since this case has come to the fore. Is it serving its purpose? Was this woman's best interests served? Was she protected? Did the life of her baby take precedence over her own welfare? Should she have been referred to the hospital at the time that she claims to have made it known?

The Minister for Justice, Frances Fitzgerald, has refused to comment on the case at present however she has said that following on from this, the new legislation will be heavily monitored, to ensure the protection of all those involved.

What's your stance on this one? Are you shocked that this is Ireland in 2014? Share your views below.