The court also stressed it was not impressed by arguments the woman has no right to dignity arising from her having been declared brain dead. The requirement to vindicate the right to life of the unborn does not mean the court disregards the mothers right to retain in death her dignity and receive proper respect for her autonomy with due regard to the grief and sorrow of her loved ones and their wishes, it said.
Lawyers representing the interests of the unborn also argued, given the woman is clinically dead, the unborns right to life surpassed her right to a dignified death.
The court therefore is unimpressed with any suggestion that considerations of the dignity of the mother are not engaged once she has passed away.
BBM
http://www.irishtimes.com/news/crim...to-be-taken-off-life-support-1.2048616?page=3
The case touched on a deeply divisive issue in Ireland, which has a controversial constitutional ban on abortion, with even the head of the Catholic Church in the country saying, "A woman isn't simply an incubator."
The case reignited fierce social tensions in majority Catholic Ireland over the rights of unborn children, prompting the Archbishop of Dublin Diarmuid Martin to speak out on the issue.
"From the point of view of Catholic teaching in general medical ethics, there is no obligation to use extraordinary means to maintain a life," Martin told Newstalk radio. "A woman isn't simply an incubator."
"As long as the eighth amendment remains in the constitution in its present form, the possibility of such a deeply tragic and private case being decided in the very public and distressing surroundings of the courts will be present."
The broad wording of the law has also been blamed for causing confusion in emergency situations in the past.
Earlier this month, Health Minister Leo Varadkar said the constitutional rules around abortion are "too restrictive" and have a "chilling effect" on doctors.
"Difficult decisions that should be made by women and their doctors, a couple or next-of-kin... on the basis of best clinical practice, are now often made on foot of legal advice. That is not how it should be."
BBM.
http://www.msn.com/en-us/news/world/irish-court-life-support-can-end-for-pregnant-woman/ar-BBhfsNG
Very important and precedent setting language-- and very brave public comments. I'm heartened to see some Catholic leaders commenting, as it seems so often pregnant women in these circumstances of medical catastrophes are reduced to being viewed by those interpreting laws, and certain zealous groups within society, as nothing more than a slab of meat with an occupied uterus, and not actual living, breathing, valuable and loved human beings who have died a tragic death.
I'm hopeful that these issues may finally be addressed by Ireland's legislators. This case, the other two <20 week pregnancies in brain dead mothers, and the unconscionable death of Savita Halappanavar should prompt outrage (and fear) from every Irish citizen.
Doctors and health care professionals
must be able to
appropriately treat medical catastrophes involving pregnant women without fear of lawsuits or criminal charges due to poorly worded and poorly interpreted laws or constitutional amendments. They shouldn't have to put a hopeless case on a ventilator, with extraordinary, futile, and costly care, and spend weeks getting to a court hearing, to make appropriate medical decisions.
This was never, ever a case that anyone thought would end in a living child (damaged or undamaged). There is an enormous difference between a 14 week fetus, and the 22+ week fetuses that make up the majority of the "good" outcomes in the anecdotal literature. Each situation is different, depending on the "down" time of the woman, her care, and history, and the circumstances of the fetus and the pregnancy.
Eight different doctors testified the *only* reason they ever put this terribly unfortunate woman on the vent with ICU support is due to fear of being charged with a crime.
None of them ever thought what they were doing was a good thing, or that a living child could be produced. There is something
deeply visceral, and profoundly disturbing about reading that, IMO-- but maybe that's due to my background as a health care professional.
I fully recognize that I'm completely unable to engage in the "magical thinking" that seems to cripple the critical thinking skills of so many people who think a 14 week fetus in a traumatically brain dead mother has any reasonable chance of survival. And I can't ever agree that "winging it", or essentially opportunistic "experimentation" (sequential anecdotal opportunities) is any kind of good, systematic, or ethical ways to advance knowledge in the medical field. Especially since we apparently can't even agree on how to design, construct, fund, and carry out ethical non-human primate and xenospecies animal models of research. Fetal research is the most restrictive and controversial of all areas of research.
http://en.wikipedia.org/wiki/Death_of_Savita_Halappanavar