A post by Summer Anwer, an undergraduate student at American University.
The intention of Dobbs v. Jackson’s Women Health Organization Supreme Court ruling was to give the authority to regulate abortion back to the people and their elected representatives. To uphold this intention and thus validate the ruling, the people’s voices of each state must be prioritized in decision making. States should adopt a form of Ireland’s citizens’ assembly to navigate abortion laws while putting citizens at the forefront of decision-making like the Supreme Court ruling intended.
Ireland’s 35-year battle for abortion rights
In 1983, the Eighth Amendment was introduced to the Constitution and established a constitutional ban against abortion. Following this strict prohibition of abortion was a 35-year battle for safe abortion access.
Several international human rights organizations called on Ireland to repeal the Eighth Amendment. The UN Committee on Economic, Social, and Cultural Rights was “particularly concerned at the criminalization of abortion, including in the cases of rape and incest and of risk to the health of a pregnant woman; the lack of legal and procedural clarity on what constitutes a real substantive risk to the life, as opposed to the health, of the pregnant woman; and the discriminatory impact on women who cannot afford to obtain an abortion abroad or access to the necessary information.”
The Citizens’ Assembly of Ireland
In 2012, Ireland created an assembly of majority citizens to discuss important topics and influence the Oireachtas, the Irish parliament. 66 citizens were randomly selected from the electorate. They require no prior knowledge, as they are given time and background information. The result is a truly representative opinion of what Ireland’s future should be. The assembly merely makes recommendations, which parliament is not required to accept. The other 33 people are politicians and the 100th person is Tom Arnold, a prominent economist.
In 2017, the citizens’ assembly voted that the Eighth Amendment also known as Article 40.3.3º should be repealed. They were given four ballots to shape the referendum, which gradually became more specific about the parameters of the potential referendum.. In 2018, the Irish government sent out a referendum for Irish citizens to vote on which asked if they wished to approve the 36th Amendment which would repeal the Eighth Amendment. 66.4% voted yes which allowed the government to introduce legislation permitting abortion in the first 12 weeks of gestation and up to 24 weeks in some circumstances. Within one year of being presented with this topic, the citizens’ assembly was able to completely change abortion policies to allow for safer abortion access. This proves that allowing the people to choose their nation’s policies and giving them a larger voice in decision-making is more efficient and leads to a happier, healthier society.
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