Oireachtas Joint and Select Committees

Wednesday, 4 October 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

Professor Siobhán Mullally:

The first question relates to the scope of the right to life. We have said previously that nothing prohibits protections of prenatal life and, in fact, the commission, in various submissions to UN bodies, has spoken about the importance of the State strengthening prenatal care, maternal health policy, and providing better supports for pregnant women. That has been part of various policy documents we have produced and submissions we have made to UN bodies. The position under international human rights law is that a woman's rights under, for example, the International Covenant on Civil and Political Rights to be free from inhuman and degrading treatment, her own right to life, right to privacy, and right to non-discrimination, cannot be undermined by priority given to the protection of prenatal life. That has been the position of the UN human rights committee, for example. It is limited and a woman's rights must also be respected. The European Court of Human Rights in the RR and P & S cases involving Poland made findings of violations of both Article 8 and the right to private life and Article 3, in particular, and the prohibition on inhuman and degrading treatment. The court was clear that, although there was no European consensus in its view on the moment when human life began, the court had an obligation in respect of supervision, and states had obligations to comply with the requirements of the European Convention on Human Rights.

What was the second question?

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