Supreme Court reverses High Court determination on constitutional rights of the 'unborn'

Irish Supreme Court unanimously rules protections for unborn child under constitution don't extend beyond right to life

IRELAND'S Supreme Court has unanimously ruled that protections for the unborn child offered under the state's constitution do not extend beyond the right to life in the Eighth Amendment.

Responding to the judgment, Justice Minister Charlie Flanagan said: "I welcome the clarity that this Supreme Court judgement provides regarding the status of the unborn within the constitution".

The man wanted the Irish government to revoke a deportation order made against him, arguing his unborn child had rights under the Constitution beyond the right to life.

The observations included remarks by the Supreme Court's Mr Justice Brian Walsh, in his judgment on the landmark McGee case of 1974 which held the right to marital privacy was breached by a law criminalising the importation of contraceptives in Ireland, that any action to limit family size by endangering or destroying human life must be an offence "against the guaranteed personal rights of the human life in question".

He said: "While I do not believe that the Eighth Amendment will be repealed regardless of today's decision, I do think that if the governments hostile, manipulative and aggressively pro-choice agenda is successfully perpetrated upon the people, then today may one be seen as the Irish equivalent of Roe V Wade".

Green Party Leader Eamon Ryan TD said ...

Fine Gael Senator Catherine Noone said she welcomed the clear and unanimous Supreme Court decision regarding the rights of the unborn.

Ireland now has some of the most robust protections for the unborn in the European Union, although most European abortion laws are more restrictive than those in the United States.

But he said it had been possible to reach a consensus on the issue and the decision of the seven-judge court was unanimous.

Voters will be asked to decide if the Eighth Amendment (article 40.3.3) should be replaced with a new provision that allows the Oireachtas to legislate for abortion.

"I urge us all to accept the Court's judgment in good faith and move forward in a civilised and respectful manner, as has been the case for the most part so far".

A referendum to change the Eighth Amendment of the Constitution has been mooted for Friday, May 25. - Article 40.3.3 of the Constitution of Ireland.

With the ruling out of the way, Varadkar said they plan to begin debating the abortion referendum bill this week.

"We can now turn our focus to ensuring that we are prepared for a May referendum, I look forward to the parliamentary debates and the national discussion on this issue".

The Irish cabinet is expected to set a date for the referendum on the repeal of the Eight Amendment of the Irish Constitution this week, although the government has indicated the vote will take place in late May. And that we have a full day sitting on Friday to advance the legislation?

Related news:

Hot News

isis-killer-beheading-video-story-top Tensions high, arrests made at white nationalist's visit to Michigan
Mar 08, 2018 - 01:19
To prep for any problems, the captain said campus police received "mutual aid" from other law enforcement agencies in MI . Spencer said he changed his speech before of the violence outside, which he laid squarely on the Antifa protesters.

isis-killer-beheading-video-story-top Woman arrested for trying to open cabin door of in-flight plane
Mar 07, 2018 - 06:51
Although the woman was restrained aboard SkyWest flight 5449, which was operating as United Express, the plane was not diverted. Cops will then decide whether or not to hand a file over to prosecutors indicating whether she should be charged with any crime.

isis-killer-beheading-video-story-top France to present first statutory rape law
Mar 07, 2018 - 06:51
A public uproar over cases involving men who had sex with 11-year-old girls helped spark the legislative change. Currently, prosecutors must prove sex with someone under 15 was forced in order to bring rape charges.

isis-killer-beheading-video-story-top Mind the gap: Tottenham Hotspur fans will love this Arsenal statistic
Mar 07, 2018 - 06:51
Then we'll see where we go from there. "You deserve better. Let us know what you think by leaving a comment below. That's all I have to say", he wrote on Twitter.

isis-killer-beheading-video-story-top Auto giants defend diesel as Geneva motor show opens
Mar 07, 2018 - 06:51
In the UK, Toyota sold 101,692 units a year ago , of which hybrids made up 45,803 units - equating to 45%, similar to Europe. Last year, nearly 15% of the brand's cars sold in Europe were diesel-powered, while in 2012 their share was 30%.

isis-killer-beheading-video-story-top Florida teacher removed from classroom after being linked to white supremacist podcast
Mar 06, 2018 - 01:32
Meanwhile, she has been removed from the classroom while the school board investigates the allegations. Volitich talks openly about being a public school teacher but has not revealed where she works.

isis-killer-beheading-video-story-top Oakland Raiders' Aldon Smith checks into rehab after alleged incident
Mar 06, 2018 - 01:32
Police said in the statement that Smith "fled the scene" after a "victim suffered non-life-threatening injuries". Last year, Smith was detained for "public intoxication" after a auto crash with an unmarked police vehicle .

isis-killer-beheading-video-story-top Crystal Palace v Manchester United Preview
Mar 06, 2018 - 01:31
SUN SIX is the new predictor game where you can win £1million - just by correctly picking the results of six games. The Frenchman had a very good outing against Chelsea as Mourinho's side claimed a crucial win against Chelsea.

isis-killer-beheading-video-story-top Amazon wants to be your bank too?
Mar 06, 2018 - 01:31
One problem with, Inc.'s plans are restrictions it may face from its rivals and legislators. The story was also scant on details about what exactly Amazon might offer beyond checking accounts.

isis-killer-beheading-video-story-top Arsenal Players Apologise To Fans For Brighton Shambles
Mar 06, 2018 - 01:31
Arsenal has now lost its fourth match in a row since beating Ostersunds in Sweden in a Europa tie. We lost a little bit of our quality but we need to stay united.

isis-killer-beheading-video-story-top Putin: Russia will never extradite its citizens to US
Mar 06, 2018 - 01:29
The American military already knew about the weapons Putin referenced and stands ready to defend the United States, she said . The source described West's policies regarding Moscow as "strategic blindness to Russian Federation and its capabilities".

isis-killer-beheading-video-story-top Committed to win back North-East people's trust: Rahul Gandhi
Mar 06, 2018 - 01:29
Since 2014 Lok Sabha results #BJP has lost Assembly segments in over 50 Lok Sabha Seats & has won only about 2 LS seats. Congress, which has been the main opposition party since 1993, is down to zero, from 10 seats and 44% votes in 2013.

isis-killer-beheading-video-story-top Tyra Banks Is Ready for Tiffany Haddish to Host the Oscars
Mar 06, 2018 - 01:28
Some had complained that Haddish had been snubbed by Oscar voters for her great work in " Girls Trip ". If it wasn't clear already, Tiffany might just be one of the most relatable celebs we've ever seen.

isis-killer-beheading-video-story-top Donald Trump trade adviser talks tariff exemptions
Mar 05, 2018 - 10:28
But White House trade advisor Peter Navarro claimed Americans would not mind paying price hikes, which he insisted would be small. Ross went on national television Sunday to talk down the European Union threat.

isis-killer-beheading-video-story-top China to raise defence budget by 8.1% in 2018
Mar 05, 2018 - 10:26
But it is below the 6.9% reported for 2017 - the first time in seven years the pace of growth picked up. Sources previously told Reuters that China will maintain its growth target at "around 6.5 percent".