A High Court judge has ruled that the word ‘unborn’ in Ireland’s constitution means an "unborn child", with the right to life as well as rights extending beyond the right to life, which must be "taken seriously" by the State.
Niamh Ui Bhriain of the Life Institute said that this is an "important ruling" which reminds us that "we are a human being from conception".
'Significant rights'
The case in question related to a contested deportation order of a Nigerian man. The man was challenging the order based on the rights of his unborn child, whom he had conceived with an Irish woman. The man was seeking a judicial review of the deportation order holding that his unborn child had the right to remain in Ireland.
The government had argued that a child’s sole right is the right to life, but Mr Justice Humphreys rejected this and ruled in the Nigerian’s favour, stating that the unborn child’s rights are "significant", "going well beyond the right to life alone". These rights, he said, are "effective" rather than merely "prospective".
He also said that Article 42a of the Constitution applies to all children "both before and after birth".
Article 42a was inserted in the 2012 children’s rights referendum and obliges the State to protect "all" children. It states: "The State recognizes and affirms the natural and imprescriptible rights of all children and shall, as far as practicable, by its laws protect and vindicate those rights."
'We are a human being from conception'
Explaining the significance of the ruling, Niamh Ui Bhriain of the Life Institute said:
"This is an important ruling which provides useful clarity at a time when the media and abortion campaigners are arguing that preborn children should be denied even the most fundamental right – the right to life.
"Mr Justice Humphreys has ruled that preborn children not only have a right to life, but that the State is obliged to ensure that all the rights accruing to every child are upheld for children before birth."
She continued: "It is interesting that in his decision Mr Justice Humphreys dismissed as ‘entirely without merit’ the argument made by the State that the only relevant right of an unborn child was a right to life.
"This ruling reminds us that we are a human being from conception and that our human rights must be protected and upheld from that point."
Related Links:
The High Court rules that unborn child has significant legal rights (Life Institute)
Irish High Court ruling on unborn children hailed by pro-lifers as "very significant" for abortion debate (SPUC)