Unborn children have significant rights beyond right to life

Mr Justice Richard Humphreys made the findings as he granted leave to a Nigerian man, his Irish partner and their one-year-old child for a judicial review over his planned deportation, The Irish Times reports.

According to Mr Justice Humphreys, the Justice Minister erred by failing to consider the couple’s then-unborn child’s rights beyond the “right to life”, which is included in article 8 of the Constitution.

The judge found article 8 establishes an unborn child as a child, and therefore article 42a - introduced after the children’s referendum in 2012 - confers rights to children “both before and after birth”.

A solicitor speaking to Irish Legal News warned that Mr Justice Humphreys’ findings may not be upheld by the trial court.

The judicial review will proceed to a hearing later this year.