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Supreme Court: (a) dismisses appeal from High Court, and affirms declaration that the Minister was obliged to take account of the fact that an Irish citizen child would acquire constitutional rights on birth when making a decision as to whether to revoke an order to deport the parent of that child prior to its birth; (b) determines that the unborn did not have any constitutionally protected rights other than the expressly protected right to life; (c) determines that the Minister was not obliged to treat the unborn as having constitutional rights other than the right to life; and (d) determines that the term "all children" did not encompass "the unborn" for the purposes of the constitutional rights of children.
Judgment of the court: Judicial review - application to revoke deportation order - relationship between proposed deportee and Irish national - child due to couple - failure of Minister to undertake not to deport man pending revocation application - constitutional status of unborn - whether Minister obliged to consider rights of unborn - whether unborn enjoyed constitutional or other rights independent of right to life under Article 40.3.3 - whether term "any children" in Article 42A of the constitution included the unborn - decision of High Court (Humphreys J) - provisions concerning the unborn at common law and in statute - non-marital parents and "the family" - whether an unborn child was "deemed to be born" whenever its interests so required - constitutional position of unborn - stare decisis - rights of "all children" - principles of constitutional interpretation - context of Art 42A - 31st amendment - whether "all children" encompassed "the unborn".
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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