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Law and childbirth in Ireland after the 8th Amendment: notes on women's legal consciousness

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Law and childbirth in Ireland after the 8th Amendment: notes on women's legal consciousness. / ENRIGHT, MÁIRÉAD; DUFFY, DEIRDRE.
In: Journal of Law and Society, Vol. 49, No. 4, 31.12.2022, p. 753-777.

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ENRIGHT MÁIRÉAD, DUFFY DEIRDRE. Law and childbirth in Ireland after the 8th Amendment: notes on women's legal consciousness. Journal of Law and Society. 2022 Dec 31;49(4):753-777. Epub 2022 Dec 7. doi: 10.1111/jols.12399

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ENRIGHT, MÁIRÉAD ; DUFFY, DEIRDRE. / Law and childbirth in Ireland after the 8th Amendment : notes on women's legal consciousness. In: Journal of Law and Society. 2022 ; Vol. 49, No. 4. pp. 753-777.

Bibtex

@article{a4ce302e6e3e4b93be3bc3dba16ed894,
title = "Law and childbirth in Ireland after the 8th Amendment: notes on women's legal consciousness",
abstract = "Drawing on a survey of women's experiences of obstetric care in Ireland between 2000 and 2017, this article examines women's legal consciousness of the 8th Amendment; a fetal rights provision that formed part of the Irish Constitution until 2018. Though it was widely agreed that the Amendment had some influence on pregnancy and childbirth, even where the woman had not sought an abortion, the scope of that influence was poorly understood. The courts produced few published judgments, and state‐issued guidance was limited. This article shows that the Amendment's meanings were not confined to those validated by the courts. A significant minority of our survey respondents felt that the Amendment had influenced some very ordinary decisions in pregnancy, and that it was bound up with a range of non‐legal norms. Most of these women saw the Amendment to be at work even though the medical professionals treating them had not invoked it. The Amendment was a felt part of a coercive legal atmosphere around childbirth and pregnancy in Ireland.",
keywords = "ORIGINAL ARTICLE, ORIGINAL ARTICLES",
author = "M{\'A}IR{\'E}AD ENRIGHT and DEIRDRE DUFFY",
year = "2022",
month = dec,
day = "31",
doi = "10.1111/jols.12399",
language = "English",
volume = "49",
pages = "753--777",
journal = "Journal of Law and Society",
issn = "0263-323X",
publisher = "Wiley",
number = "4",

}

RIS

TY - JOUR

T1 - Law and childbirth in Ireland after the 8th Amendment

T2 - notes on women's legal consciousness

AU - ENRIGHT, MÁIRÉAD

AU - DUFFY, DEIRDRE

PY - 2022/12/31

Y1 - 2022/12/31

N2 - Drawing on a survey of women's experiences of obstetric care in Ireland between 2000 and 2017, this article examines women's legal consciousness of the 8th Amendment; a fetal rights provision that formed part of the Irish Constitution until 2018. Though it was widely agreed that the Amendment had some influence on pregnancy and childbirth, even where the woman had not sought an abortion, the scope of that influence was poorly understood. The courts produced few published judgments, and state‐issued guidance was limited. This article shows that the Amendment's meanings were not confined to those validated by the courts. A significant minority of our survey respondents felt that the Amendment had influenced some very ordinary decisions in pregnancy, and that it was bound up with a range of non‐legal norms. Most of these women saw the Amendment to be at work even though the medical professionals treating them had not invoked it. The Amendment was a felt part of a coercive legal atmosphere around childbirth and pregnancy in Ireland.

AB - Drawing on a survey of women's experiences of obstetric care in Ireland between 2000 and 2017, this article examines women's legal consciousness of the 8th Amendment; a fetal rights provision that formed part of the Irish Constitution until 2018. Though it was widely agreed that the Amendment had some influence on pregnancy and childbirth, even where the woman had not sought an abortion, the scope of that influence was poorly understood. The courts produced few published judgments, and state‐issued guidance was limited. This article shows that the Amendment's meanings were not confined to those validated by the courts. A significant minority of our survey respondents felt that the Amendment had influenced some very ordinary decisions in pregnancy, and that it was bound up with a range of non‐legal norms. Most of these women saw the Amendment to be at work even though the medical professionals treating them had not invoked it. The Amendment was a felt part of a coercive legal atmosphere around childbirth and pregnancy in Ireland.

KW - ORIGINAL ARTICLE

KW - ORIGINAL ARTICLES

U2 - 10.1111/jols.12399

DO - 10.1111/jols.12399

M3 - Journal article

VL - 49

SP - 753

EP - 777

JO - Journal of Law and Society

JF - Journal of Law and Society

SN - 0263-323X

IS - 4

ER -