Page 5 - Klinika Nr 31–32 (36–37)/2021–2022
P. 5

WPŁYW KLINIK NA PRZYSZŁOŚĆ SPOŁECZNĄ


             and educational actions being taken by Polish legal clinics within   to the current socio-political situation in Poland) . The writers
                                                                                                       13
             the wide-ranging, social landscape of ongoing political activism.   go on to remark that apart from cementing social stigma around
             In Ireland, the role of social activists from associations like   the issue of reproductive rights, adding the Article into the Irish
             the Abortion Rights Campaign (ARC), constituted one part of a di-  Constitution guaranteed that a change to abortion laws in Ireland
             verse, cooperative effort alongside the many actions taken by le-  could only be attained with another referendum. Ultimately, how-
             gally focused organisations, such as the aforementioned FLAC,   ever, it was this legislative circumstance and the legal precedents
             the Public Interest Law Alliance (PILA), or pro bono organisations   it began to create for many pregnant persons seeking a medical
             like Lawyers for Choice and Human Rights in Ireland. Collabora-  termination, which have prompted the formation of a feminist
             tively and with an intersubjective emphasis on a legal education   base of pro-choice legal advocacy in Ireland and exposed the dire
             that is primarily presented as a ‘way to become more socially ac-  need for legal education of all professionals on issues of inequal-
             tive and aware’, these institutions have solicited not just an over-  ity and gender discrimination. University-based legal clinics in Ire-
             all cultural shift but successfully advocated for a change in Irish   land therefore – through their commitment to providing this kind
                                 8
             abortion legislation as well . Thus, Ireland’s example, as a country   of teaching for their students – constituted an essential part of
             as conservative in its Roman Catholicism as Poland, can function   the following process of cultural and legislative change regarding
             as a historical framework contextualizing the significant ways in   reproductive rights.
             which Poland-based feminist activism and University-led legal clin-  Practically every law faculty at each Irish University has a stu-
             ics are tackling issues concerning gender discrimination. Moreover,   dent-led law society. Those institutions are centred around creating
             it can inspire the way forward in the legislative fight for Polish cit-  career opportunities and organising educational events with suc-
             izens’ reproductive rights .                        cessful professionals from various fields. University-coordinated
                                9
             In 1983, sixteen years after the rejection of the Abortion Act in   legal aid clinics, however, which operate in much fewer law fac-
             the Republic of Ireland, the country’s electorate voted by referen-  ulties in Ireland, foster a very different approach. One of the first
             dum to add the Eighth Amendment regarding the ban on abor-  student-based legal clinics was founded in 1986 at Trinity College
             tion to the Irish Constitution, which read: “The state acknowledges   Dublin by human rights activist and academic Karen Kenny, who
             the right to life of the unborn and, with due regard to the equal   established the institution to help future lawyers ‘become more
             right of the mother, guarantees in its laws to respect, and, as far as   socially active and aware’ . In light of this history, each Universi-
                                                                                    14
             practicable, by its laws to defend and vindicate that right.” 10  ty’s legal clinic in Ireland is first and foremost considered as an or-
             The extreme social distress that this legislative equation of a foe-  ganisation creating opportunities for social engagement, putting
             tus’ right to live (referred to as ‘the unborn’) and a pregnant wom-  both the individual clients in need of legal assistance as well as
             an’s existence has caused for women in Ireland at the time, was   activism around issues of national human rights violations front
             probably best summed up by contemporary Irish playwright and   and centre. This emphasis on professional volunteer work, which
             abortion rights activist Miriam Needham, who, just before the ap-  prioritises socio-political change has prompted nine of Ireland’s
             pellate referendum in 2018, remarked: ‘I think it’s important for   University-based legal clinics to become part of the nationwide or-
             us, for society, to be aware of the kind of trauma you can put   ganisation of FLAC. In practice, this means that University-based
             someone through by putting their humanity up for a vote’ . Even   legal clinics are involved in the social activism solicited on a na-
                                                        11
             in 1983, a plethora of legal analyses of this law was in line with   tional basis at FLAC, and that they can participate in any high-pro-
             Needham’s view, emphasising that the addendum to the Irish Con-  file legal case that representatives of FLAC argue before national as
             stitution was a direct human rights violation. Many legal organi-  well as international courts. Furthermore, it means that students
             sations, for example FLAC, opposed the Amendment at the time   working in those legal aid centres can seek advice and assistance
             of its passing ‘on the grounds that it was confusing and would lead   not just from academics working at the university, but lawyers pro-
             to legal and medical issues that could be difficult to balance and   fessionally engaged in the activist work at FLAC. Furthermore, all
                  12
             resolve’ .                                          conferences that the students frequently organise have to be topi-
             Furthermore, as Ireland-based abortion rights activists, Anna Car-  cally centred around human rights activism and/or the promotion
             negie and Rachel Roth point out, the new legislation was primar-  of access to justice (e.g., the recent 2019 UCC FLAC conference
             ily of a symbolic and political significance, shamingly designating   theme was ‘Human Rights and Human Wrongs: Where Do We Go
             all abortion seeking persons ‘like criminals’ and constituting one   From Here?’) .
                                                                          15
             of the many results of ‘a church-state apparatus intended to sub-  This kind of coordinated, nationwide, grassroots cooperation has
             jugate women’ (a characterization that rings true in reference   made it possible for University-based legal aid clinics to be highly
                                                                 receptive to ongoing social issues, allowing them to, swiftly and
                                                                 impactfully get involved in the fight for human reproductive rights
                                                                 in Ireland. Taking the activities of legal clinics in Irish Universities
             8   Anna Carnegie, Rachel Roth, ‘From the Grassroots to the Oireachtas: Abor-  and the significant impact they had, into account, the involvement
              tion Law Reform in the Republic of Ireland’ in Health and Human Rights Journal     of student counselling centers in Poland is in many ways compara-
              (December 9, 2019) <https://www.hhrjournal.org/2019/12/from-the-grass-
              roots-to-the-oireachtas-abortion-law-reform-in-the-republic-of-ireland/#_edn2>     ble. Even though Polish legal clinics do not cooperate on a national
              (accessed 17.9.2021).
             9   It should be noted that the writers of this article recognize that a variety of peo-
              ple, including women, transgender people, and nonbinary people, can become   13   Anna Carnegie, Rachel Roth, ‘From the Grassroots to the Oireachtas: Abor-
              pregnant and need abortion care. We use the terms woman/women and person/  tion Law Reform in the Republic of Ireland’ in Health and Human Rights Journal
              people throughout this article to reflect that.     (December 9, 2019) <https://www.hhrjournal.org/2019/12/from-the-grass-
             10   Article 40.3.3 of the Irish Constitution is typically referred to as the Eighth   roots-to-the-oireachtas-abortion-law-reform-in-the-republic-of-ireland/#_edn2>
              Amendment (1983-2018).                              (accessed 17.9.2021).
             11   Miriam Needham in ‘Compostela Looks at the Comedown after Repealing   14   ‘FLAC Student Societies’ <https://www.flac.ie/getinvolved/student/> (accessed
              the Eighth’ by A. McMenamin, Dublin Inquirer (August 7, 2019).   19.9.2021).
             12   Official FLAC statement (May 18, 2018) <https://www.flac.ie/news/2018/05/18/  15   ‘FLAC Student Societies’ <https://www.flac.ie/getinvolved/student/> (accessed
              flac-supports-the-repeal-of-the-eighth-amendment/> (accessed 19.9.2021).   19.9.2021).

             4  KLINIKA Nr 31-32 (36-37)/2021-2022                                                      fupp.org.pl



                                                                                                               17.12.2021   11:33
        Klinika 31-32(36-37) 2021-2022.indb   4                                                                17.12.2021   11:33
        Klinika 31-32(36-37) 2021-2022.indb   4
   1   2   3   4   5   6   7   8   9   10