The Thirteenth Amendment of the Constitution of Ireland specified that the prohibition of abortion would not limit freedom of travel in and out of the state. It was effected by the Thirteenth Amendment of the Constitution Act, 1992, which was approved by referendum on 25 November 1992 and signed into law on 23 December of the same year.
Contents
Changes to the text
Insertion of new subsection in Article 40.3.3º:
The subsection relating to abortion had originally been added with the Eighth Amendment in 1983. With the approval of the Thirteenth Amendment and the Fourteenth Amendment, the full text of Article 40.3.3º read as the follows:
Overview
In Attorney General v. X, commonly known as the "X Case", the Attorney General had secured an injunction in the High Court preventing a 14-year-old girl who had become pregnant from rape from obtaining an abortion. While the Supreme Court reversed this injunction on the grounds that there was a risk to her life from suicide, they held that it would otherwise have been lawful. This amendment addressed this, so that the constitutional protection of unborn life could no longer restrict the freedom to travel. The Amendment was adopted in November 1992 in a referendum of the Irish people.
On the same day, the Fourteenth Amendment was approved, allowing freedom of access to information with respect to abortion. Another proposal, the Twelfth Amendment, which would have held that the possibility of suicide was not a sufficient threat to justify an abortion, was rejected.