Irish legislative engagement with abortion law reform has never been framed by recognition of the rights of pregnant women, girls and other people. Rather, where it has taken place at all, it has always been foetocentric and punitive, exceptionalising abortion and conceptualising law as a means of discouraging it. In important ways, the post-repeal landscape has failed to break decisively with this orientation. While in 2018 there was certainly more discussion of women’s entitlement not to be exiled from the country in order to make decisions about reproduction, the framing that dominated legislative and government discourses of abortion law reform was one in which the ‘problem’ being addressed was such that unsafe medication, exclusion from formal medical systems, and the undeserved punishment of people who had received diagnoses of fatal foetal conditions in the course of their ‘much wanted pregnancies’ were the focus. There was little or no engagement in legislative politics with the right to choose, reproductive agency, reproductive justice or the moral standing of pregnant people as ethical decision makers when it came to their pregnancies. As a result, post-repeal abortion law reform was more about managing risk than maximising agency. I will argue that this underpins and partly explains the shortcomings of the new law: the Health (Regulation of Termination of Pregnancy) Act 2018 (‘HRTPA 2018’). Within that new legal regime, I argue, pregnant people continue to lack decisional security when it comes to their reproductive lives and are exposed to significant constitutional and dignitary harms as a result.

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'希望升起然后被打败'？爱尔兰堕胎法的持续危害

爱尔兰立法参与堕胎法改革从未以承认孕妇、女孩和其他人的权利为框架。相反，在它发生的地方，它总是以胎儿为中心和惩罚性的，将堕胎排除在外，并将法律概念化为阻止堕胎的一种手段。在重要的方面，废除后的格局未能果断地打破这种取向。虽然在 2018 年肯定有更多关于妇女不应被驱逐出境以做出生育决定的讨论，但主导堕胎法改革的立法和政府话语的框架是正在解决的“问题”的框架不安全的药物，被排除在正规医疗系统之外，对那些在“非常想要的怀孕”过程中被诊断出致命胎儿疾病的人进行不应有的惩罚是焦点。立法政治中很少或根本没有涉及选择权、生殖机构、生殖正义或孕妇作为道德决策者在怀孕时的道德地位。因此，废除后的堕胎法改革更多的是关于管理风险而不是最大化代理。我认为这支持并部分解释了新法律的缺点：2018 年《健康（终止妊娠管理）法》（“HRTPA 2018”）。在这个新的法律制度中，我认为，