Fuck your three-day waiting period
The Netherlands no longer has a mandatory waiting period. Spain also removed its mandatory waiting period. It is time Ireland did the same.
What does not exist for any other aspect of healthcare and goes against the World Health Organization’s guidelines for said healthcare, yet still has Irish politicians lining up to tell us how important it is? The medically unnecessary mandatory three-day waiting period a pregnant person must undergo to have the abortion they need.
In April, the Independent Review of the Operation of the Health (Regulation of Termination of Pregnancy) Act 2018 recommended that the legislation be amended to ‘substitute the mandatory three-day waiting period with a mandatory obligation on medical practitioners to advise the pregnant woman that she has a statutory right to a reflection period, which she may exercise, at her own discretion.’ That is, the three-day wait would no longer be mandatory. Instead, doctors would be legally obliged to inform abortion seekers that they are entitled to a reflection or waiting period should they wish to use it.
Following the report's publication, Taoiseach Leo Varadkar asked, “Is it the case that hundreds of abortions are being avoided as a result of it? Or, is it the case that women would have gone ahead with it anyway. It hasn’t been properly explored.” While Minister for Enterprise, Trade and Employment Simon Coveney said, "I thought then, and I think now, that a reflection period on a decision as significant as a termination of pregnancy was an important part of a piece of legislation," he says before adding that he, of course, will have an open mind to listen to counter-arguments. "But I believe that that was the right thing to do then, and I still think it has an important role to play today."
Data released by the Irish Family Planning Association (IFPA) shows that of 447 early medical abortion clients, they saw in 2021, where the pregnancy outcomes are known, 97.5% accessed abortion care after the mandatory three-day wait. The IFPA stated, “Of these, 87% received their care from the IFPA and 10.5% were referred to a hospital, in accordance with HSE guidelines. Our records for 2021 indicate that 2.5% of our clients continued their pregnancies.”
The recommendation to remove the three-day wait isn’t surprising to people paying close attention to our legislation's impact on abortion seekers. Many of us were surprised by its inclusion in the legislation in the first place. The World Health Organization (WHO) considers mandatory waiting periods a barrier to safe abortion access, stating, “mandatory waiting periods can have the effect of delaying care, which can jeopardise women’s ability to access safe, legal abortion services and demeans women as competent decision-makers.”
The Too Many Barriers: Experiences of Abortion in Ireland after Repeal report published by the Abortion Rights Campaign last year includes the experiences of people who accessed abortion services in Ireland since 2019. One respondent stated about the waiting period, “It felt unnecessary, unreasonable and was upsetting.” Another said, “It caused more stress and was rather demeaning for me and my partner as we already considered our decision extensively before initiating the process.”
Some respondents felt that the waiting period had no impact on them. In contrast, others found it helpful, with one respondent saying, “Between the consultation and the actual appointment the waiting period was good as it gave me time to think and accept my decision.”
The HSE’s Unplanned Pregnancy and Abortion Care (UnPAC) study also examined the impact of the mandatory waiting period. One participant, Quinn, shared her experience, saying, “I remember the three days and I remember being a bit annoyed at the three days because that just felt like, that was pleasing somebody else, that wasn’t I didn’t think there to benefit anybody who was pregnant.”
Another abortion seeker, Helen, said, “So, it's still taking that control away a bit isn’t it like “oh we’re going to give you the service, but you still have to wait three days”, you know for fuck’s sake, it’s my choice, you know so, it’s still that element of control that they’re trying to do there.”
What is apparent from Varadkar and Coveney’s comments is this belief that the electorate only voted for Repeal in 2018 because they knew what the abortion legislation would include. The only thing we voted on in May 2018 was giving the Oireachtas the power to legislate for abortion. The insertion of the text, ‘Provision may be made by law for the regulation of termination of pregnancy.’
We did have a strong idea of what the legislation would entail should the referendum pass, but to assume that people only voted Yes because of the proposed bill is short-sighted at best. I knocked on thousands of doors across Kerry and had hundreds more conversations at information stalls and events. The mandatory waiting period was not a consideration for most people I spoke with. It wasn’t a major talking point during my time canvassing. I don’t think I am alone in saying that people on the doors did not mention it. The only times I remember it coming up during the referendum were when politicians raised it.
However, even if it was a deciding factor for people in 2018, that does not mean our legislation should remain unchanged in the face of new evidence. Let’s not forget that the recommendation to remove the mandatory three-day waiting period is part of the legally required review of the Health (Regulation of Termination of Pregnancy) Act 2018.
That those same politicians are considering retaining its mandatory aspect, despite clear evidence that it impedes timely access to safe abortion care, is another reminder that abortions are only acceptable if pregnant people jump through whatever hoops legislators deem necessary, even when there is no medical need for them. Simon Coveney is why we have a waiting period. He must not be the sole reason for its retention.
The Netherlands no longer has a mandatory waiting period. Spain also removed its mandatory waiting period. It is time Ireland did the same.
But What Can I Do?
Protest in Ireland, Saturday, July 22nd: Join Transgress the NGS outside St. Columcille’s Hospital in Loughlinstown to protest for self-determined trans healthcare — Transgress the NGS Protest at Loughlinstown.
In-person workshop in Northern Ireland, Sunday, July 30th: Alliance for Choice Derry, in collaboration with Belfast Pride, is hosting their abortion pills and stigma workshop in Belfast — Abortion Stigma and Pills Workshop, Belfast.
In Great Britain, email your MP calling for the decriminalisation of abortion using the British Pregnancy Advisory Service (BPAS) e-action tool — Time to Act: Email your MP.
In Northern Ireland, North Coast for Choice has launched a survey for people living in the North Coast Area affected by the weekly anti-choice harassment outside the Causeway Hospital — Causeway hospital anti-choice protesters.
In Northern Ireland, report any anti-choice harassment you witness to Alliance for Choice. They also share tips on what to do if you see or are subject to anti-choice abuse — Anti-Watch.
Donate to abortion funds
In Europe, donate to Supporting Abortions for Everyone (SAFE), Abortion Support Network, Aborcyjny Dream Team, Abortion Network Amsterdam, and Abortion Without Borders.
In the US, the National Network of Abortion Funds lists funds in every state — donating here means your donation supports 90+ organisations.
Share information on how to access abortions
In Ireland, if you are pregnant and do not want to be, or someone you know needs an abortion, the HSE’s MyOptions service will help you find your nearest provider. Freephone 1800 828 010.
The Abortion Rights Campaign has written a blog post about how the legislation works and on what grounds abortion is permissible after the 12-week on-request period has passed — Need an abortion?
In Northern Ireland, Alliance for Choice Belfast and Alliance for Choice Derry have shared information on accessing abortion services in the North.
Alliance for Choice Belfast — I Need An Abortion Now.
Alliance for Choice Derry — Abortion Help.
In Northern Ireland, Lucht Cabhrach Abortion Doulas provide support at home before, during or after your abortion.
Phone 07397 902774 or email abortion@luchtcabhrach.com — What are doulas?
Email allianceforchoicederry@gmail.com to contact Alliance for Choice Derry’s abortion doulas — Our Abortion Doulas.
Alliance for Choice Derry has gathered information on identifying whether an unplanned or crisis pregnancy service is legitimate or a rogue agency or clinic. While their post focuses on Northern Ireland and Ireland, these tactics are used globally by anti-abortion groups — What is a Rogue Clinic?
In Malta, the Abortion Doula Support Service is a free information service by pro-choice doctors offering advice and support to people needing an abortion — Abortion Doula Support Service.
In Poland, Abortion Dream Team provides advice and support for people seeking abortions, whether at home with abortion pills or travelling abroad for abortion care — Abortion Dream Team.
In the US, ineeda.com provides up-to-date information on how to get an abortion.
Women on Web provide abortion pills in advance — Advance provision of abortion pills.
Everyone Loves a News Round-Up
"Data from the World Health Organisation has demonstrated that criminalising termination of pregnancy does not reduce the number of abortions," Dorothy Estrada-Tanck told journalists at a news conference. — UN experts disappointed at Malta's rejection of original abortion bill [Times of Malta]
Dr. Marcela Azevedo, co-founder of the Ohio Physicians for Reproductive Rights, said the 442 boxes of signatures represent Ohioans of different races, religions and political backgrounds. “They are all united by the belief that Ohioans need self-sovereignty and Ohioans need the right to control their own bodies and control their own medical care,” Azevedo said. — Backers of Ohio abortion issue file petitions to make November ballot [The Columbus Dispatch]
“At its core, the Bill is about making sure women can access legally provided services safely and with privacy and dignity,” Mr Donnelly said. — Safe access zones 'will allow women safely access abortion services' [Irish Examiner]
And while Republican legislators claim that they are ‘clarifying’ the laws, abortion bans will always be written so that no one can access care. Because the purpose of exceptions was never about allowing abortion in certain cases—but to make Republicans look better. As the Guttmacher Institute’s Elizabeth Nash says, “Exceptions function mainly as PR tools to make abortion bans seem less cruel than they are and distract from the inhumanity of the ban itself.” — Abortion Exceptions Don't Exist [Abortion, Every Day︱Substack]
The truth is that when abortion is used for political gains, it’s women who suffer, said Disoski. And banning abortion doesn’t reduce the number of abortions either — it puts the health and lives of pregnant women at massive risk, often leading to impoverishment and social stigmatization. — Europe’s growing abortion nightmare [Politico]