My first reaction is always to look at the Irish wording: "(ceart na mbeo gan breith chun a mbeatha", or "right of the living being without birth to their life".
So the constitution, even in the simple English "right to life of the unborn", accepts that it is a form of life.
It also distinguishes two meaning to "life":
- biological life starting at conception ("beo")
- meaningful human life once born ("beatha")
The question put to the constitution court is not if it is a life, but if it is a "child", as in "an unborn child". If it were, then it would have the same rights as a child, like in this case the right to live in Ireland as a citizen. It would have more than a "right to live" defined for the "unborn", it would have extended rights defined for "children", like the right to not be deported.
This is where the Irish is interesting: it is not using any shortcut like English does. If the legislator had meant "unborn child", they would have spelled it out
in the Gaeilge "leanbh/leanaí/linbh".
Instead the clearly referred to a life not yet born, and its right to live. Not a child not yet born.
Someone said :
I wish it was over already, what is the point of legislating or not for something people just go to another jurisdiction to solve?
In NI the UK gov pays women their travel expenses to go to Britain for an abortion.
They should do the same here if they can't sort it out.
For women with emergencies during pregnancy who can't travel that far they should build a hospital in the British embassy grounds and ambulance them there for emergency abortions where required.
Your idea is great: we should do that for mortgages too. Why bother having branches in Ireland when we could simply go to the UK... or to Germany.
And for Cadbury eggs.
You are much smarter than I ever could give you credit for.