Implications of PP v HSE

Grolschevik

Just thinking about the judgment in PP v HSE (the case involving the brain-dead pregnant woman).

http://www.courts.ie/Judgments.nsf/bce24a8184816f1580256ef30048ca50/fb8a5c76857e08ce80257dcb003fd4e6?OpenDocument

The foetal right to life was engaged, but life-support was withdrawn in the best interests of the foetus, given the unviability of the circumstances.

"Given that the unborn in this jurisdiction enjoys and has the constitutional guarantee of a right to life, the Court is satisfied that a necessary part of vindicating that right is to enquire as to the practicality and utility of continuing life support measures."

One thing that occurred to me: could the judgment be used as the basis to deny treatment such as chemo or radiotherapy to a pregnant terminal cancer patient, on the grounds that the treatments would/may cause miscarriage?

Little CuChulainn

Well that would endanger the life of the mother so i doubt it. This case seemed to look at the core issue that should have been decided in a referendum, viability of the fetus. I'm wondering if this decision will open the doors for situations were there is no chance of life for the fetus to survive if the pregnancy is continued.

Grolschevik

Little CuChulainn wrote: »

Well that would endanger the life of the mother so i doubt it. This case seemed to look at the core issue that should have been decided in a referendum, viability of the fetus. I'm wondering if this decision will open the doors for situations were there is no chance of life for the fetus to survive if the pregnancy is continued.

I was thinking of the rather monstrous standpoint of an argument that, since the disease is terminal and the mother is likely to die anyway, any treatment that would cause miscarriage would be vulnerable.

Little CuChulainn

Grolschevik wrote: »

I was thinking of the rather monstrous standpoint of an argument that, since the disease is terminal and the mother is likely to die anyway, any treatment that would cause miscarriage would be vulnerable.

I can't imagine the courts taking such a view. Perhaps if it was some experimental treatment or maybe a hollistic treatment with no evidence to suggest it would work but it would nonetheless endanger the fetus. But the bar is set pretty low with the suicide clause as an abortion is not likely to address suicidal tendencies yet it is effectively allowed as a treatment.

Grolschevik

I can't imagine any court taking it seriously, either. But I can imagine an argument of that sort being made by some of the more extreme anti-choice groups.

Mr. Incognito

The Government needs to grow a pair of balls on this and have a referendum.

The X Case and the C Case were anomalies borne out of exceptional circumstances.

They should not have formed the basis of any law. Ever.

This farce of an unborn foetus have constitutional rights is a bloody joke. It was a stupid amendment then, it is a stupid provision now.