PP v Health Service Executive [2014] IEHC 622: The High Court of Ireland (Divisional Court): Kearns P, Baker, Costello JJ: 26 December 2014

Pywell, Stephanie (2015). PP v Health Service Executive [2014] IEHC 622: The High Court of Ireland (Divisional Court): Kearns P, Baker, Costello JJ: 26 December 2014. Oxford Journal of Law and Religion, 4(2) pp. 327–328.

DOI: https://doi.org/10.1093/ojlr/rwv011

Abstract

Summary of a case from the High Court of Ireland involving the right to life of (a) a pregnant woman being kept artificially alive via somatic support and (b) her unborn child.

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  • Item ORO ID
  • 43849
  • Item Type
  • Journal Item - Other
  • ISSN
  • 2047-0789
  • Extra Information
  • Personal rights of the citizen – Right to life of the unborn child – Conflict between rights – Constitution of Ireland establishing state duty to ‘respect, and, as far as practicable, defend and vindicate’ the personal rights of the citizen and the right to life of the unborn child – Woman carrying 15-week foetus declared brain-dead following ‘catastrophic’ damage to brain – Somatic measures, including mechanical ventilation, feeding by nasogastric tube and medical interventions, applied to provide ‘incubated environment’ for foetus because doctors feared legal consequences of allowing natural death – Woman’s father applying for declaration that somatic measures should cease to allow woman’s dignified death – All seven experts agreeing that woman’s recovery impossible and child had negligible prospect of being born alive – Whether right to life of unborn child engaged – Whether right to life of unborn child should prevail over mother’s personal right to dignified death – Whether withdrawal of life-support lawful – Constitution of Ireland, arts 40.3.1 and 40.3.3
  • Academic Unit or School
  • Faculty of Business and Law (FBL) > Law
    Faculty of Business and Law (FBL)
  • Copyright Holders
  • © 2015 The Author
  • Depositing User
  • Stephanie Pywell

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