Analysis of information sources in references of the Wikipedia article "Thirty-first Amendment of the Constitution of Ireland" in English language version.
In my view, an unborn child is clearly a child and thus, protected by Article 42A. Any other conclusion would fly in the face of the ordinary meaning of language, the use of the term "child" in numerous statutory contexts prior to the adoption of Article 42A, and the sheer social, biological and human reality that an unborn child is, indeed, a child. […] For the reasons stated, I would propose not to follow X.A. or Ugbelase, and would instead follow the approach set out by Irvine J. in O.E.
In the court's judgment, accordingly, the only right of the unborn child as the Constitution now stands which attracts the entitlement to protection and vindication is that enshrined by the Amendments in Article 40.3.3 namely, the right to life or, in other words, the right to be born and, possibly, (and this is a matter for future decision) allied rights such as the right to bodily integrity which are inherent in and inseparable from the right to life itself.
In my view, an unborn child is clearly a child and thus, protected by Article 42A. Any other conclusion would fly in the face of the ordinary meaning of language, the use of the term "child" in numerous statutory contexts prior to the adoption of Article 42A, and the sheer social, biological and human reality that an unborn child is, indeed, a child. […] For the reasons stated, I would propose not to follow X.A. or Ugbelase, and would instead follow the approach set out by Irvine J. in O.E.
In the court's judgment, accordingly, the only right of the unborn child as the Constitution now stands which attracts the entitlement to protection and vindication is that enshrined by the Amendments in Article 40.3.3 namely, the right to life or, in other words, the right to be born and, possibly, (and this is a matter for future decision) allied rights such as the right to bodily integrity which are inherent in and inseparable from the right to life itself.
