Embryos are not the 'unborn', [Irish] court rules

JUDGMENT: THE SUPREME Court has unanimously dismissed an appeal by a separated mother of two against the High Court’s refusal to order a Dublin clinic to release three frozen embryos with a view to becoming pregnant against the wishes of her estranged husband.

The five-judge court ruled the embryos are not the “unborn”, within the meaning of Article 40.3.3 of the Constitution (the anti-abortion amendment of 1983), which requires the State to respect and vindicate the right to life of the unborn, with due regard to the equal right to life of the mother.

The word “unborn” refers to a child within the womb, not pre-implantation embryos, and State protection of embryos arises only after implantation, the court found. The judges also stressed they were not addressing issues as to when human life begins.

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[quote="Yellow_Belle, post:1, topic:179901"]
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So if they aren't "unborn".....the opposite of unborn is Born. It either is or it isn't ...By The good Justices ruling:confused:

[quote="kimmielittle, post:2, topic:179901"]
So if they aren't "unborn".....the opposite of unborn is Born. It either is or it isn't ...By The good Justices ruling:confused:

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The court ruled that the embryos are not “unborn” within the meaning of Article 40.3.3 of the Irish Constitution (the anti-abortion amendment of 1983) which protects the right to life of the unborn.

The judges said the word “unborn” refers to a child within the womb, not pre-implantation embryos. Article 40.3.3 reads:

The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.

It's clear, as the judges pointed out, that the Article refers to a situation where two lives are connected and a balance may have to be sought between them. No such physical connection exists between a woman and a frozen embryo. Thus the capacity to be born arises *after* implantation.

Mr Justice Adrian Hardiman said it was clear from the Irish- and English-language versions of Article 40.3.3. and the relevant legal authorities that the provision refers to a situation in which the unborn life and the equally valuable life of the mother are essentially physically integrated." [In deciding Constitutional matters in Ireland, judges rely first and foremost on the Irish language version.]

The Irish government is now considering the introduction of legislation on embryos

[quote="Yellow_Belle, post:3, topic:179901"]
The court ruled that the embryos are not “unborn” within the meaning of Article 40.3.3 of the Irish Constitution (the anti-abortion amendment of 1983) which protects the right to life of the unborn.

The judges said the word “unborn” refers to a child within the womb, not pre-implantation embryos. Article 40.3.3 reads:

It's clear, as the judges pointed out, that the Article refers to a situation where two lives are connected and a balance may have to be sought between them. No such physical connection exists between a woman and a frozen embryo. Thus the capacity to be born arises *after* implantation.

The Irish government is now considering the introduction of legislation on embryos

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Hiyas:)
Thank you for the help.

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