The HSE has made a ground-breaking change to its consent policy, meaning that pregnant women now have equal rights when consenting to medical treatment.
The Eighth Amendment is now completely removed from Government policy, once this change comes into reality.
The Irish Planning Association called the alteration "a significant development in women's reproductive rights."
A pregnant women under the Eighth Amendment could face High Court proceedings if she declined a medical intervention.
The HSE applied to the High Court for an order to force Geraldine Williams, from Ballyjamesduff in Co Cavan, to have a caesarean section, under the Eighth Amendment.
The HSE was refused the order in 2016. Areas of contention between doctors and pregnant women include induction of labour and modes of monitoring the foetal heart-rate.
Pregnant women will now have the same right to consent as everyone else who seeks healthcare under the new HSE policy changes.
The HSE Consent policy now reads: “The consent of a service user is required for all health and social care interventions in pregnancy.”
The Irish Family Planning Association said the changes represent a major development in women's rights in the country;
“The same requirement for consent now applies to pregnant women as for everyone else."
A significant development in women’s reproductive rights: the HSE National Consent Policy has been revised. All traces of the #8thAmendment have been removed and the same requirement for consent now applies to pregnant women as for everyone else. https://t.co/INJWyhQOzW
— IFPA (@IrishFPA) July 25, 2019
The HSE policy is now in line with midwifery standards of practice, and midwives will now hopefully be able to fully support women during birth and pregnancy instead of being held back by policy laws.
The Midwives Association of Ireland (MAI) said they welcome the changes to the HSE consent policy, with a spokesperson saying;
“Now the HSE policy ties in more with our midwifery practice standards of conduct.
“Our standard of conduct says that you must respect the woman’s right to choose whether or not to follow advice and recommendations about her care," they added.
Very important thread here by @maireadenright on the impact of the amendments made to the National Consent Policy in pregnancy and changes to childbirth regulation that Philomena Canning fought for. #Homebirth #consent #justiceforphilomena https://t.co/c0umQLLM1v
— MidwivesAssociation (@MidwivesIreland) July 29, 2019
The MAI told the Irish Mirror; “If a woman chooses not to follow recommendations about her care, you’re expected to continue to provide care for her that is reasonable and appropriate in a particular circumstance.
They continued; “So that was always the hard bit for us, because the Eighth Amendment would have meant that this other individual, the foetus,” the spokeswoman added.
“No woman wants her or her baby to die, and now the HSE consent policy would underpin what our standards of conduct would say".
