Decision due on landmark case over rights of unborn child

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The Supreme Court will rule on the extent of protections conferred by the state’s constitution, with its findings potentially set to impact this summer’s referendum on Ireland’s restrictive abortion laws.

The contentious Eighth Amendment of the country’s legal framework enshrines the right to life of the unborn – a provision that renders abortion illegal other than in exceptional circumstances.

 

Supreme Court judges have been considering whether unborn children are entitled to further rights under other sections of the constitution.

The ruling could impact the wording and timing of the anticipated referendum on the fate of the Eighth Amendment.

The case reached the floor of the Supreme Court after the State appealed a High Court judgment that ruled the unborn child did have enshrined rights beyond the right to life.

The High Court case was related to an immigration dispute involving a Nigerian man who argued that he should not be deported because the unborn child being carried by his Irish partner had multiple rights, including the right to the company of its father. The High Court essentially found that the unborn child is entitled to the same constitutional protections as a child.

The State appeal to the Supreme Court was fast-tracked because its outcome could have consequences for the Irish government’s referendum plan.

Citizens are due to be asked whether they…

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