State to appeal immigration judgment which extends rights of unborn children

While the finding was made in an immigration case, it is thought the State has been advised it has implications beyond immigration.

Mr Justice Richard Humphreys will receive the application for a certificate of appeal next month, arising from his judgment last July on the meaning of “unborn” in Article 42A of the Constitution, added following the Children’s Referendum 2012.

The judge said it provides that “the State recognises and affirms the rights of all children and shall, as far as practicable, by its laws protect and vindicate those rights”, adding it meant all children “both before and after birth”.

He dismissed the argument that the provision is not applicable to unborn children because they do not enjoy a number of rights.

The case concerned a Nigerian man whom the authorities wanted to deport. His Irish partner was pregnant with their baby. The man was represented by Michael Conlon SC who was instructed by Brian Burns of Burns Kelly, Corrigan Solicitors.