Seanad debates

Wednesday, 18 June 2003

European Convention on Human Rights Bill 2001: Second Stage.

 

One issue the Minister did not address – the failure to incorporate it into law leaves matters hanging – is what will happen if a right identified under the European Convention on Human Rights is in conflict with a right enumerated in the Constitution? While I do not wish to re-open the issue of amendments to the Constitution to deal with the right to life of the unborn, many judicial interpretations have given women legal rights in the area of abortion, based on privacy, and the convention contains a section on the right to privacy. What will happen if there is a conflict between the right of the unborn in the Constitution and the right as interpreted under the European Convention on Human Rights? I would have thought that we would be obliged to clarify that matter.

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