Irland, 6. März 2002 : Schutz menschlichen Lebens während der Schwangerschaft

Gebiet Irland
┗━ Stellung unabhängiger Staat
Datum
Vorlage Schutz menschlichen Lebens während der Schwangerschaft
┗━ Fragemuster Entscheidungsfrage
┗━ Abstimmungstyp Obligatorisches Referendum → durch Parlament → bindend → Stufe: Verfassung → Partialrevision (Einzelthema)
Ergebnis verworfen
┗━ Mehrheiten gültige Stimmen
Stimmberechtigte 2'923'918
Stimmbeteiligung 1'254'175 42,89 %
Stimmen ausser Betracht 6'649
Gültige (= zählende) Stimmen 1'247'526
┗━ Ja-Stimmen 618'485 49,58 %
┗━ Nein-Stimmen 629'041 50,42 %
Bemerkungen Obligatorisches Verfassungsreferendum nach Art. 46 und 47 der Verfassung.

Abstimmungsfrage:

"Do you approve of the proposal to amend the Constitution as set out in the under-mentioned Bill?
The Bill is the 25th Amendment to the Constitution (Protection of Human Life in Pregnancy) Bill which proposes to add two sub-sections to Article 40.3.3 of the Constitution. That article was inserted after the first abortion referendum, in 1983, and it declares: "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.
The first of the proposed new sub-sections, Article 40.3.4, states: "In particular, the life of the unborn in the womb shall be protected in accordance with the provisions of the Protection of Human Life in Pregnancy Act, 2002.
The second proposed new sub-section, Article 40.3.5, affirms that the Act can only be changed by the decision of the people in a referendum.
The primary provisions of the Act are:
  • The removal of the risk of suicide as a legal basis for abortion
  • The re-defining of abortion as the intentional destruction of unborn human life after implantation in the womb
  • A 12-year jail sentence for those assisting in procuring abortions
  • Doctors who perform necessary procedures to save pregnant women's lives (other than in cases of suicide risk) at approved places and which result in terminations of unborn life will not be considered to have performed abortions
  • Reiteration of the right to information and freedom to travel abroad for an abortion"

Art. 46 Abs. 6 (neu):

  1. Notwithstanding the foregoing provisions of this Article, Article 40 of this Constitution shall be amended as follows:
    The following subsections shall be added to section 3 of the English text:
    1. In particular, the life of the unborn in the womb shall be protected in accordance with the provisions of the Protection of Human Life in Pregnancy Act, 2002.
    2. The provisions of section 2 of Article 46 and sections 1, 3 and 4 of Article 47 of this Constitution shall apply to any Bill passed or deemed to have been passed by both Houses of the Oireachtas containing a proposal to amend the Protection of Human Life in Pregnancy Act, 2002, as they apply to a Bill containing a proposal or proposals for the amendment of this Constitution and any such Bill shall be signed by the President forthwith upon his being satisfied that the Bill has been duly approved by the people in accordance with the provisions of section 1 of Article 47 of this Constitution and shall be duly promulgated by the President as a law.
  2. If a law, containing only the provisions set out in An Dara Sceideal - The Second Schedule to the Twenty-fifth Amendment of the Constitution (Protection of Human Life in Pregnancy) Act, 2001, is enacted by the Oireachtas, this section, other than the amendment of Article 40 of this Constitution effected thereby, shall be omitted from every official text of this Constitution published thereafter, but notwithstanding such omission this section shall continue to have the force of law.
  3. If such a law is not so enacted within 180 days of this section being added to this Constitution, this section shall cease to have effect and shall be omitted from every official text of this Constitution published thereafter.
  4. The provisions of Articles 26 and 27 of this Constitution shall not apply to the Bill for such a law.
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