Professor Fiona de Londras:

On who is the subject of human rights, international human rights law, as I am sure the Deputy is aware, has effectively fudged this matter. There is no clear answer one way or another as to whether the foetus or unborn or prenatal life is a rights bearer in terms of international human rights law. I know the committee has a session coming up on that subject where I am sure that can be further pursued.

I understand the concern about the withdrawal of a right. It goes back to something I said to Senator Mullen about the possibility of the distinction between a constitutional right which is legally enforceable in a particular way and a constitutional value which can legitimately guide the work of the Oireachtas.

There could be a value for the protection of the unborn, as one sees in a couple of European states like, from memory, Croatia, the Czech Republic, Hungary and the Slovak Republic. I might be wrong, but that is my memory. It makes it clear that Parliament can be guided by the pursuit of that aim subject to a requirement not to impinge on the essence of, or disproportionately to limit, the constitutional rights of pregnant persons. While that seems like a very technical distinction, it empowers Parliament while protecting the rights of pregnant persons. As to the terminology "fatal foetal abnormality", I took this as an opportunity to engage in a public debate. It is a vernacular usage and were it to be in any way put into either legislation or the Constitution, I would expect it to be subject to more precise definition and terminological notation.