News Roundup

State appears before UN Torture Committee, grilled on abortion and inter-sex rights

A Government delegation of 22 civil servants and diplomats, led by minister of State David Stanton, appeared before the United Nations Committee Against Torture in Geneva on Thursday. Among the list of concerns delivered by the members of the left-wing dominated committee were questions about Ireland’s failure to amend its abortion laws, the rights of intersex children, allegations of abuse at mother and baby homes, and the symphsiotomy redress scheme.  The Irish delegation will issue a response to the concerns on Friday and then the Committee will draw up a concluding report with a list of recommendations. While those findings are not binding, they will act as political pressure on the Government of the day.
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Public evenly divided on protection for mothers in the home clause

A new poll found that 41% of the public would vote to repeal the section of the Constitution protecting the place of the mother in the home versus 39% who would vote against repeal. Significantly, more women than men support retaining the clause. Fine Gael TD, Josepha Madigan, who is pushing for repeal, called the results “surprising” and said an “information campaign” would be necessary before a referendum might be held.

Separately, Professor Geoffrey Shannon, the government’s special rapporteur on child protection, said removal of the clause could affect Ireland’s generous maintenance regime for dependent spouses in the event of marriage breakdown. Shannon said: “A dependent spouse fares better in Ireland than in virtually any other jurisdiction in the world, and that’s due to this lifelong obligation. It is a safety net or a protective mechanism for the spouse who acts as homemaker.”

Meanwhile, in the Examiner, columnist Victoria White has penned a comprehensive defense of the clause, though adding it should be expanded to include fathers. This proposal, to retain and expand the clause, attained 98% support among the participants in the Constitutional Convention of 2013. She panned the desire of Fine Gael and Labour to delete the article as “cheap politics”, and derided as “balderdash” the claim that the clause was ever meant to keep women in the home. She said it was the US feminist Ivy Pinchbeck who wrote movingly about the conditions of young mothers in factories who inspired the clause. Indeed, White placed the political choice as either preferring one parent to stay home to raise children, or preferring both parents to leave the home to generate greater taxable income for the State.

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Youth activist questions parents’ rights over children’s online access

The executive director of SpunOut.ie, Ireland’s youth information website, has questioned whether parents should have the right to decide whether their children may have access to online social media. While emphasising children’s rights, Ian Power said that some will point to the role of parents and guardians in tempering these rights “with concern for their child’s security”.

“It is true that parents and guardians have a significant role to play: the ideal will always be that children’s rights and parental responsibilities go hand-in-hand. Yet it is no great difficulty to imagine a scenario in which a young person’s rights are directly harmed by an abusive or neglectful parent. In such cases, the ability to access online services in confidence is an incomparable tool for securing help and support,” he said.

The Government has now decided that “digital age of consent” for children to sign up to online services without parental approval should be set at 13, which is at the lowest end of the EU recommendation, which is between 13 and 16 years of age.

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Anti-gay marriage cake refusal, not discrimination Court rules

A Co Dublin bakery that refused to bake an “anti gay-marriage” themed cake has been found not guilty of discrimination. The €700 order included a decorative statement of religious belief that included the phrase, “’gay marriage’ is a perversion of equality”. The bakery, however, refused the order on the grounds that they were extremely busy rather than that they disagreed with the message. They suggested that they could bake the cake, but that the specially-designed edible topping might be done elsewhere. The man claimed that the bakery had no intention of making a cake with the message he wanted and this amounted to unfair treatment and discrimination on religious grounds. In his ruling, adjudication officer Ian Barrett said prima facie evidence was not heard to prove the bakery refused the order on religious grounds and, accordingly, the complaint failed.
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Charlie Gard unlikely to be allowed return home to die

Terminally-ill baby Charlie Gard is unlikely to be allowed to spend his final days at home with his parents, a High Court judge has said. His parents have petitioned to Court to order that he be allowed do so, but administrators at Great Ormond Street Hospital have so far opposed the move. Barrister Grant Armstrong, on behalf of the baby’s parents, suggested to Mr Justice Francis that hospital bosses were placing obstacles in Charlie’s parents’ way. “The parents wish for a few days of tranquility outside of a hospital setting,” Mr Armstrong said. However, the Hospital have argued that there would be practical difficulties providing continuing care for the baby outside a hospital. The presiding Justice said the dispute is crying out for a settlement. If one is not negotiated between the two parties, he said he himself will make an order on the matter.
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Charlie Gard’s parents end legal fight for treatment

The parents of the baby, Charlie Gard, yesterday announced they were ending their legal fight to enable him to leave Great Ormond Street Hospital and the UK to receive experimental treatment abroad. Their lawyer Grant Armstrong told London’s High Court that time had “run out” for the child as irreversible muscular damage has been done and the treatment could no longer be a success. “Charlie has waited patiently for treatment. Due to delay, that window of opportunity has been lost,” Mr Armstrong said.

Connie Yates, the child’s mother, told the High Court: “We only wanted to give him a chance of life.”

“This is one of the hardest things that we will ever have to say and we are about to do the hardest thing that we’ll ever have to do which is to let our beautiful little Charlie go. Put simply, this is about a sweet, gorgeous, innocent little boy who was born with a rare disease, who had a real, genuine chance at life and a family who love him so very dearly and that’s why we fought so hard for him,” she said.

 “There is one simple reason for Charlie’s muscles deteriorating to the extent they are in now — TIME. A whole lot of wasted time. Had Charlie been given the treatment sooner he would have had the potential to be a normal, healthy little boy,” she said.

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Assessing risk of suicide by women seeking abortions has no scientific basis, say Psychiatrists

 The ability of psychiatrists to assess the likelihood of suicide has no scientific basis according to two leading Irish doctors. Patrick Devitt and Declan Murray are consultant psychiatrists who recently published the results of their research in Scientific American article entitled “Suicide Assessment Doesn’t Work”. Writing in the Irish Times, they say “there is no technique, skill or warning sign to identify patients at high risk of suicide in a way that would help treatment”. Regarding the legal situation in Ireland, they say those sections of the 2013 Abortion Act dealing with suicide are “based on a false premise”.

“They may be doing more harm than good by promoting the idea that suicidality can be used as a currency to obtain rights or benefits and by spreading the false reassurance among the public that psychiatrists can predict and prevent individual suicides,” they write.

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Doctor threatens to sue State if anonymity of sperm and egg donors dropped

Two years after the Children and Family Relationships Act was passed, a register of donors to enable donor-conceived children identify their genetic parents has still not been set up. A request by the Irish Times to the Department of Health for a briefing elicited a one-line response saying that parts 2 and 3 of the Act will be commenced later this year. Meanwhile, Dr John Waterstone, medical director of the Waterstone Clinic in Cork and president of the Irish Fertility Society, described the Act’s proposal for a register as overly coercive and unconstitutional, and vowed to challenge it legally if it is introduced.
In comments to the Irish Times, he said the proposal to create a register is a fad. He would allow donor-conceived children being provided with medical and other information through their parents, so long as it is nonidentifying. “I’d hate to find that, if I had donated sperm, a 21-year-old son would come knocking on the door, saying, ‘Hello, Dad’. That’s when it can get messy.” He asks whether it is fair on a couple who, unable to have a baby, embark on the donor-conceived option, and “then spend all those years changing nappies and waiting outside the teen discos”, to have a third person, the donor, “intrude” in their lives. 
In Dr Waterstone’s view a child is not “hard done by” by not knowing the full detail of his or her genetic heritage. The idea that donor-conceived children are entitled to know their identity is, he said, “utterly meaningless”. This is despite the fact that thousands of donor-conceived children seek out their biological parenrs in later life.
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Donor-conceived children tell their stories

The Irish Times has featured the stories of three different donor-conceived women, each of whom suffered traumatic experiences because of the circumstances of their conception and who think donor-conceived assisted reproduction (DAHR) should be banned. Alana Newman from Louisiana, USA, said her birth circumstances made many people happy: the sperm donor, the agency who made it possible and the recipient. But it did not make her happy. After being abandoned by the father who raised her, she went to Poland looking for her real father but was met with hostility and an outright refusal for any further contact. In the UK, Dr Joanna Rose was eight when she found out her father was not her real father. Years later she won a High Court case that led to a ban on donor anonymity in the UK. Rose, however, got no apology, reparation or reunion with her genetic family. Following a “tip-off” as to the identity of her donor-father, she tried to make contact with him but was met by legal threats. Stephanie Raeymaekers in Belgium found out by accident at the age of 25 about the circumstances of her conception. Later, she found out her mother had been impregnated by a “sperm cocktail” and one of her sisters has a different sperm-donor father to her. All three of Newman, Rose and Raeymaeker are now actively campaigning on behalf of donor-conceived children, helping them share their stories, find their origins, and working to ban donor-assisted human reproduction. Dr Rose has addressed meetings of The Iona Institute.
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Bishop asks if Church should drop civil part of weddings due to redefinition of marriage

Bishop John Kirby of Clonfert has openly pondered whether it is time for the Church to no longer solemnise marriages on behalf of the State given that the State’s understanding of marriage has been so radically redefined. “We are now performing marriages that are not quite what we intended 40 or 50 years ago,” he explained at a conference in Limerick last week, as the civil concept of marriage has been changed by “the introduction of civil divorce, and the more recent introduction of same-sex marriage as meaning exactly the same thing in civil law”. “I just wonder,” he asked, “would it be better for the Church in Ireland to distance itself from the civil understanding of marriage, and celebrate our marriages as a sacrament and emphasise the sacramentality of Catholic marriages?” responding to this question, conference speaker Cardinal Christoph Schönborn of Vienna, Austria, said the key difficulty with separating the two is that even civil marriages have a “natural” dimension.

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