So we need to repeal the 8th Amendment to cover cases of fatal foetal anomaly?
Yes. Because of the 8th Amendment, the government cannot provide access to abortion in cases of fatal foetal anomaly. This is what the Attorney General has advised the government. This means that, until the 8th Amendment is gone, women will continue to have to travel abroad if they decide to access a termination in this situation.
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The Attorney General, whose job it is to give the government legal advice, is clear that no law can be passed allowing access to abortion in situations where a fatal foetal anomaly has been detected. Because of the 8th Amendment, it would be unconstitutional to enact a law to allow women to terminate pregnancies even if the foetus cannot survive.
If the 8th amendment is repealed, the law proposed by the government would allow women to decide whether or not to continue with such a pregnancy. If they decide to end that pregnancy, they will be able to access the compassionate care they need here in Ireland, instead of having to take a plane or ferry to another country.