Oireachtas Joint and Select Committees
Wednesday, 3 July 2013
Committee on Health and Children: Select Sub-Committee on Health
Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed)
12:35 pm
Michael Creed (Cork North West, Fine Gael) | Oireachtas source
The Minister of State, Deputy White, referred to the Constitution and the equal right to life. In conjunction with the Supreme Court's ruling in the X case, the latter is the backdrop against which the legislation is framed. The Minister of State specifically referred to Article 40.3.3°, which accords an equal right to life to the unborn. As Deputy Shortall pointed out, at a certain time that right is compromised by the right of a mother to have her life saved where it is certified that termination is the only way to achieve this end. There is, however, another stage at which the right to life might not be compromised but at which the right to a quality life might be so compromised. I refer to circumstances where it is necessary to facilitate a premature delivery in order to save the life of the unborn. In the context of the equal right to life contained in the Constitution, the parity of esteem between both parties we are obliged to recognise in law, and the question that arises in respect of appropriate treatment - and not to complicate the matter further by suggesting the involvement of additional legal representation - is there a case for bringing in a medical professional to act as advocate for the life of the unborn? This might be of assistance in ensuring that both rights are vindicated in a fashion which ensures a quality of life for the unborn child.
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