Charlie Flanagan
A situation of unprecedented gravity is being revealed before our eyes.
The Minister for Justice, Charles Flanagan, TD, is due to move an appeal, listed in the Supreme Court for February 21, seeking to overturn the High Court judgement of Humphreys J. in I.R.M. v. Minister for Justice and Equality, [2016] IEHC 478.
In that judgement, the High Court affirmed that the rights of unborn children are not limited to the right to life under Article 40.3.3, inserted by the Eighth Amendment. Humphreys J. specifically referred to the submissions made to the court by the State and considered by Irvine J. in O.E. v. The Minister for Justice, Equality and Law Reform [2008] 3 I.R 760.
In that judgement, it is asserted, from the comprehensive and compelling analysis of the pre-existing law, that the other rights, or potential rights, enjoyed by the unborn child, included significant rights under the Constitution, and that the existence of such rights had been established in case law,…More