Oireachtas Joint and Select Committees

Wednesday, 27 September 2017

Joint Oireachtas Committee on the Eighth Amendment of the Constitution

Eighth Amendment of the Constitution: Constitutional Issues Arising from the Citizens Assembly Recommendations

1:30 pm

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent) | Oireachtas source

I welcome our guests here today and thank them for their time.

What are their views of the preamble to the UN Convention on the Rights of the Child which states: ". . . the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth"? This clearly states that a child is to be considered a child before birth and that any prenatal child is entitled to legal protection. According to Fiona Broughton of the faculty of law at University College Cork, UCC:

At the nub of this research lies a very basic question – who is the subject of human rights? This is a vital question and not one which should be left up to each state to decide the answer for itself through arbitrary court judgments, piecemeal legislation, or as Angela Shanahan has put it "accidents of precedent".

My concern is that by removing the constitutional rights that are there at the moment we will end up granting and withdrawing the right to life depending on the whim of parliament at any time. Is that not an absurd situation?

Language is also very important. I was interested to hear Professor de Londras use the term fatal foetal abnormality despite the fact that the Health Service Executive, HSE, quite recently issued a guidance document on this issue advising against use of the term. Should the professor not also be guided by this opinion as it is not based on medical reality? If we do not use the proper terminology how can we develop an appropriate law in this area? When Senator Mullen asked this question the professor said she was agnostic and did not mind what term she used but when she replied she used the same terminology when she had an opportunity to use another term. I believe that is inappropriate.

Is Ms O'Toole saying that a woman's right to bodily integrity means a right to abortion because that is what she appears to be saying? Who defined bodily integrity as meaning a right to abortion?

I wish to also state in public session, as I did in private session today, that I was disappointed that the committee did not choose to view the short DVD by Dr. Levatino. I was asked to raise it and to ask the committee to view it. The Chairman said she had seen it. It is an animation and the Chairman said it was not unreasonable. I would have thought the committee would at least look at it in public and give its responses.

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