On 03DEC an unnamed woman was declared dead in a hospital in Dublin; however as she was pregnant (~18 weeks) doctors refused to terminate life support due to the provisions of the Eighth Amendment to the Irish Constitution. The hospital and the Health Service Executive too the matter to the High Court for a decision on the legality of terminating life support, with submissions from layers representing the hospital, the woman, her family and the fetus.
Lawyers for the Health Service Executive told the High Court that the HSE's position was that based on the medical evidence to be called, there was no reasonable prospect of the unborn child being born alive if life support measures were continued and that discontinuance of life support was lawful in the circumstances of this case.
Lawyers for the woman's father said the Eighth Amendment, dealing with the equal rights to life of the mother and the unborn child, did not apply in this case, as the unborn was of such a young gestational age when the mother died that it could not be viable.
Several specialists in intensive care medicine have stated that the woman was "not alive at any level" and that maintenance of life support was not feasible for a long period of time, with one saying that the unborn child would need to be brought to around 32 weeks' gestation and he did not believe that was possible.
Lawyers for the unborn child said they agreed this case was not about abortion but about what was practicable to vindicate the rights of the unborn child. The Senior Counsel said the mother's right to life was no longer engaged as she was dead. He she may have a residual right to dignity in death but the right to life of the unborn child would take precedence over that right.
The High Court will deliver it's ruling at midday today, which will undoubtedly be immediately appealed to the Supreme Court.
Media links.
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Lawyers for the Health Service Executive told the High Court that the HSE's position was that based on the medical evidence to be called, there was no reasonable prospect of the unborn child being born alive if life support measures were continued and that discontinuance of life support was lawful in the circumstances of this case.
Lawyers for the woman's father said the Eighth Amendment, dealing with the equal rights to life of the mother and the unborn child, did not apply in this case, as the unborn was of such a young gestational age when the mother died that it could not be viable.
Several specialists in intensive care medicine have stated that the woman was "not alive at any level" and that maintenance of life support was not feasible for a long period of time, with one saying that the unborn child would need to be brought to around 32 weeks' gestation and he did not believe that was possible.
Lawyers for the unborn child said they agreed this case was not about abortion but about what was practicable to vindicate the rights of the unborn child. The Senior Counsel said the mother's right to life was no longer engaged as she was dead. He she may have a residual right to dignity in death but the right to life of the unborn child would take precedence over that right.
The High Court will deliver it's ruling at midday today, which will undoubtedly be immediately appealed to the Supreme Court.
Media links.
http://ift.tt/1Bbu5gC
http://ift.tt/1Bbu7oO
http://ift.tt/1Bbu5gG
via International Skeptics Forum http://ift.tt/1Bbu7oS
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