Peer-Reviewed Journal Details
Mandatory Fields
Schweppe, J; Spain, E
2014
Unknown
Medico-Legal Journal of Ireland
Interpreting Life in the Protection of LIfe During Pregnancy Act 2013
Published
()
Optional Fields
20
2
93
97
Until 2013, any discussion as to the circumstances in which a termination of pregnancy was lawful was conceptualised within a constitutional framework, utilising arguments as to the meaning of phrases such as ‘practicable’, ‘unborn’ and ‘equal right to life’. This theoretical framework has now shifted with the introduction of the Protection of Life in Pregnancy Act 2013 (the 2013 Act). Section 22 of the Act makes it a criminal offence to “intentionally destroy unborn human life”. Within this general prohibition, the Act provides three circumstances in which it is lawful to carry out a medical procedure which has the result of ending unborn human life: where there is a risk of loss of life of a pregnant woman from physical illness, physical illness in an emergency situation and suicide.

 

Whereas prior to the introduction of the Act arguments were made as to the possibility of interpreting Article 40.3.3 in such a way as to exclude terminations in which the foetus was suffering from such a fatal abnormality as to make it incompatible with life, the question remains as to whether this interpretation is still possible following the introduction of the 2013 Act.  This Article will examine the backdrop to the introduction of the Act, including the legislative history and accompanying Oireachtas debates, will seek to explore the meaning of ‘unborn’ under the Constitution and will ultimately suggest that the legislative framework contains significant ambiguities.

Dublin
Grant Details