“Twelfth Amendment of the Constitution Bill 1992”的意思、由来-开放百科全书

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Twelfth Amendment of the Constitution Bill 1992

释义

Proposed changes to the text
Background
Passage through the Oireachtas
Result
Later developments
See also
References
External links

{{Use dmy dates|date=March 2016}}{{Use Irish English|date=March 2016}}{{Infobox referendum
|name = Twelfth Amendment of the Constitution Bill 1992
|title = To exclude the risk of suicide as sufficient reason to legally allow an abortion
|date = {{Start date|1992|11|25|df=y}}
|location = {{flagicon|Ireland}} Ireland
|yes = 572177
|no = 1079297
|total = 1733309
|electorate = 2542841
}}

The Twelfth Amendment of the Constitution Bill 1992 was a failed proposal to amend the Constitution of Ireland, to exclude the risk of suicide as sufficient reason to legally allow an abortion. It was rejected in a referendum on 25 November 1992.

The Thirteenth and Fourteenth Amendments were approved in referendums on the same day. As these could not be renamed, there has been no enacted Twelfth Amendment of the constitution.

Proposed changes to the text

Proposed insertion of additional text to Article 40.3.3º:

{{quote frame|It shall be unlawful to terminate the life of an unborn unless such termination is necessary to save the life, as distinct from the health, of the mother where there is an illness or disorder of the mother giving rise to a real and substantial risk to her life, not being a risk of self-destruction.}}

Background

The Eighth Amendment passed in 1983 added the following text to the Constitution as Article 40.3.3º:

{{quote frame|The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.}}

In March 1992, the Supreme Court held in Attorney General v. X (commonly known as the X Case), that a 14-year-old girl who had become pregnant as a result of rape could obtain an abortion in circumstances where there was a threat to her life from suicide. This amendment proposed that the possibility of suicide was not a sufficient threat to justify an abortion. The proposal was put to a referendum on 25 November 1992 but was rejected.

On the same day, the Thirteenth Amendment and Fourteenth Amendment were approved by referendum. The former guaranteed freedom of travel abroad to obtain an abortion, and the latter, access to information in Ireland with respect to the same issue. The 1992 general election was held on the same date.

Passage through the Oireachtas

The Twelfth Amendment Bill was proposed in the Dáil by Minister for Justice Pádraig Flynn.^[1] The Amendment was approved by the Dáil on 27 October 1992:

Twelfth Amendment of the Constitution Bill 1992: Final Stages. {{small\|Absolute majority: 83/166}}
Vote	Parties	Votes
{{tick}} Yes	Fianna Fáil (63), Progressive Democrats (5)	68\|166\|hex=green}}
No	Fine Gael (35), Labour Party (13), Democratic Left (6), Green Party (1), Independent (2)	57\|166\|hex=red}}
Source: Twelfth Amendment of the Constitution Bill, 1992: Committee and Final Stages.

Fianna Fáil Senator Des Hanafin, a member of the Pro Life Campaign (PLC), did not vote for the government wording. He proposed an amendment at committee stage proposing the wording supported by the PLC:

{{quote frame|It shall be unlawful to act in such a way as to bring about the termination of the life of an unborn unless such termination arises indirectly as a side-effect of treatment designed to protect the life of the mother.}}

This wording was not voted on, and the bill was approved by the Seanad on 30 October 1992.

Twelfth Amendment of the Constitution Bill 1992: Final Stages. {{small\|Absolute majority: 31/60}}
Vote	Parties	Votes
{{tick}} Yes	Fianna Fáil (26)	26\|60\|hex=green}}
No	Fine Gael (11), Labour Party (2), Independent (3)	17\|60\|hex=red}}
Source: Twelfth Amendment of the Constitution Bill, 1992: Committee and Final Stages.

Result

The amendment was put to a referendum on 25 November, where it was rejected.

{{Referendum
|title = Twelfth Amendment of the Constitution of Ireland Bill 1992^[2]
|no = 1,079,297
|nopct = 65.35
|yes = 572,177
|yespct = 34.65
|valid = 1,651,474
|validpct = 95.28
|invalid = 81,835
|invalidpct = 4.72
|total = 1,733,309
|turnoutpct = 68.16
|electorate = 2,542,841
}}{{clear}}

Results by constituency^[2]
Constituency	Electorate	{{nowrap\|Turnout (%)	Votes		Proportion of votes
Constituency	Electorate	{{nowrap\|Turnout (%)	Yes	No	Yes	No
Carlow–Kilkenny	81,192	69.2%	20,130	32,900	38.0%	62.0%
Cavan–Monaghan	79,004	70.3%	20,494	31,290	39.6%	60.4%
Clare	65,579	67.9%	15,504	26,251	37.1%	62.9%
Cork East	58,160	71.9%	12,684	27,210	31.8%	68.2%
Cork North-Central	68,209	66.6%	13,876	30,024	31.6%	68.4%
Cork North-West	44,578	75.4%	9,346	22,225	29.6%	70.4%
Cork South-Central	75,747	71.1%	16,862	35,224	32.4%	67.6%
Cork South-West	44,627	73.8%	9,954	20,638	32.5%	67.5%
Donegal North-East	46,934	67.3%	8,313	21,496	27.9%	72.1%
Donegal South-West	48,494	62.2%	8,623	19,666	30.5%	69.5%
Dublin Central	59,941	61.3%	11,557	23,922	32.6%	67.4%
Dublin North	62,917	69.0%	16,037	26,309	37.9%	62.1%
Dublin North-Central	64,349	71.8%	14,302	30,815	31.7%	68.3%
Dublin North-East	57,888	69.7%	14,329	25,220	36.2%	63.8%
Dublin North-West	57,951	65.3%	12,485	24,251	34.0%	66.0%
Dublin South	84,767	70.5%	15,976	42,424	27.4%	72.6%
Dublin South-Central	63,316	64.4%	12,656	27,164	31.8%	68.2%
Dublin South-East	68,366	58.9%	10,361	29,097	26.3%	73.7%
Dublin South-West	69,654	61.9%	16,832	25,330	39.9%	60.1%
Dublin West	57,755	65.0%	14,461	22,258	39.4%	60.6%
Dún Laoghaire	85,924	68.7%	17,284	40,503	29.9%	70.1%
Galway East	42,604	68.8%	10,364	16,832	38.1%	61.9%
Galway West	78,539	63.7%	15,557	31,337	33.2%	66.8%
Kerry North	48,606	69.6%	9,885	21,464	31.5%	68.5%
Kerry South	44,034	70.1%	10,370	17,861	36.7%	63.3%
Kildare	77,798	65.3%	19,187	29,873	39.1%	60.9%
Laois–Offaly	77,226	70.2%	18,915	31,947	37.2%	62.8%
Limerick East	71,004	68.6%	14,799	31,800	31.8%	68.2%
Limerick West	44,768	71.3%	9,086	20,581	30.6%	69.4%
Longford–Roscommon	60,452	74.9%	16,155	25,701	38.6%	61.4%
Louth	65,666	67.3%	16,509	25,999	38.8%	61.2%
Mayo East	43,392	68.0%	10,055	17,044	37.1%	62.9%
Mayo West	43,407	68.4%	11,009	16,165	40.5%	59.5%
Meath	77,900	66.0%	19,570	29,688	39.7%	60.3%
Sligo–Leitrim	60,675	70.5%	14,817	24,887	37.3%	62.7%
Tipperary North	42,633	74.9%	10,102	19,693	33.9%	66.1%
Tipperary South	56,705	70.3%	12,713	24,952	33.7%	66.3%
Waterford	63,692	67.7%	13,372	27,852	32.4%	67.6%
Westmeath	46,128	67.0%	10,901	18,340	37.3%	62.7%
Wexford	75,553	69.6%	18,421	31,371	37.0%	63.0%
Wicklow	76,707	67.8%	18,324	31,693	36.6%	63.4%
Total	2,542,841	68.2%	572,177	1,079,297	34.7%	65.3%

Later developments

No legislation was enacted in the aftermath of this defeated referendum. In 2002, the proposed Twenty-fifth Amendment would have similarly excluded the risk of suicide as grounds for an abortion. On this occasion, the government proposal did have the support of the Pro Life Campaign. This too was rejected in a referendum, but by a much narrower margin.

The European Court of Human Rights found against the state in A, B and C v Ireland (2010). The government responded to this with the enactment of the Protection of Life During Pregnancy Act 2013, which provided for abortion in the cases where there was a risk to the life of the woman, including from a risk of suicide.

References

1. ^{{cite hansard|jurisdiction=Ireland|hansard=Dáil Debates|house=Dáil Éireann|title=Twelfth Amendment of the Constitution Bill 1992: Second Stage.|url=http://oireachtasdebates.oireachtas.ie/debates%20authoring/DebatesWebPack.nsf/takes/dail1992102000019|date=20 October 1992|speaker=Pádraig Flynn|position=Minister for Justice|volume=423|no=8|column=1893}}
2. ^¹{{cite web|url=http://www.housing.gov.ie/sites/default/files/migrated-files/en/Publications/LocalGovernment/Voting/referendum_results_1937-2015.pdf|title=Referendum Results|page=47|work=Department of Housing, Planning and Local Government|accessdate=31 January 2018}}

External links

Referendum (Amendment) (No. 2) Act, 1992
Full text of the Constitution of Ireland

{{Amendments of the Constitution of Ireland}}{{Abortion in the Republic of Ireland}}{{DEFAULTSORT:12th Amendment Of The Constitution Bill 1992}}

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