The Association to Improve Maternity Services in Ireland (AIMSI) has collected data and information about women’s experiences within the Irish maternity system.
Dr Krysia Lynch, chair of AIMS Ireland explains:
“What’s not generally known is that the 8th affects every pregnancy. The minute you become pregnant you don’t get to make decisions about your own healthcare from that point. From then onwards, the State has the ultimate decision on what you do with your body.”
According to the organisation, over 100,000 people using Irish maternity services are affected by the 8th amendment each year.
“It affects women in every aspect of pregnancy. It affects women who don’t want to be pregnant, forcing them to either illegally import drugs or travel to another country.”
Women experiencing miscarriages are also adversely affected by the 8th, says Dr Lynch.
“One third to half of all pregnancies are miscarried. Simple miscarriages will happen at home, women will probably present to a maternity hospital. Other women will be miscarrying and not even know, they then present at the hospital for a scan to find out how the pregnancy is progressing.”
Dr Lynch says that when women find out they are miscarrying, they are often made to wait.
“As long as there is a fetal heart the pregnancy must continue, irrespective of whether the foetus is viable or not.”
“Everybody, the healthcare providers, the lawyers, the women herself knows that the foetus is not viable yet everyone is forced to collude, because of the fetal heartbeat. Sometimes that can affect a woman’s health severely and sometimes it can affect her life.”
“The time between it affecting your health and it affecting you life can be very short, we have Savita as the example of that. It can also really affect a woman’s mental health, if she desperately wants to have a baby and she is told that she has to maintain a non-viable pregnancy. It can be very distressing, to have to remain pregnant, to have people still asking her about her pregnancy, this could go on for four, five, even six weeks if there is a fetal heartbeat.”
Women experiencing ectopic pregnancies are also at high risk of harm or death. Dr Lynch says that in one case AIMSI is aware of, a woman died as a result of an ectopic pregnancy.
“Ectopic pregnancies are a threat to a woman’s health and life and should be ended as soon as they are diagnosed, but we’ve had reports of the 8th amendment being interpreted in an inappropriate way.”
“The problem with the 8th amendment is it is open to interpretation and a medic has to interpret that. They may or may not do that appropriately.”
Dr Lynch says that another woman “had to have a hysterectomy in order to save her life because her treatment was delayed.”
The medical professional says that women with underlying health issues are particularly at risk under the 8th amendment.
“Women are forced to live with the absolute terror of knowing that their health being in danger could turn at any minute into their life being in danger. If they’re near a medic at that point, they should be able to access a termination but if they’re not they could die. It’s a very low bar to measure the safety of our maternity services by if you live or die when you go through it.”
“Women with chronic conditions, women with cancer have variable responses and as Professor Louise Kenny said women have died from not being treated, other people have been treated, so it’s variable and it shouldn’t be. It should be a choice the woman makes herself to continue or not.”
Even for women with “normal” pregnancies, the 8th amendment allows for fewer options and choice for women. The H.S.E consent policy denies pregnant people the right to refuse to give consent to procedures.
Almost 3,000 women took part in an AIMS Ireland survey about women’s experiences within the maternity system. Of those, 38 percent said that their consent was not sought for tests and procedures during pregnancy.
“Half of all those surveyed said they were not given an opportunity to refuse such diagnostics or interventions. One woman in every three reported that tests and procedures were carried out during labour and birth without their consent. Again, half of all those who responded reported that they were given no opportunity to refuse such diagnostics or interventions during labour and birth.”
One woman who responded to the survey said that she felt pressured by medical personnel.
“I repeatedly impressed my wish not to have oxytocin and this was disregarded and I was treated like I was being silly. I reluctantly agreed but I felt badgered into submission rather than consenting”.
AIMSI have records of women reporting being threatened with the Gardai and social services if they were not compliant. Other women with wanted pregnancies have been taken to court by the State in order to force procedures on them again their will.
Dr Lynch says that the 8th amendment provides dangerous conditions for all pregnant people.
“The emotional effect of being coerced or being unable to participate in your own care has been shown to influence mental and emotional well-being in the postpartum, leading to conditions such as anxiety, depression and PTSD.”
“Women need to be supported and treated with kindness and compassion when they are having a baby. Instead of being coerced into unwanted interventions, they should be given the evidence they need to exercise informed consent. We cannot begin to work towards this human rights standard in maternity care unless the 8th amendment is repealed in its entirety.”
