Lawyers say 'longevity' does not affect rights of unborn
Lawyers representing the rights of the unborn child in the Miss D case have said it is protected under the constitution until it dies.
They said that regardless of its condition this is a live foetus and its right to life is the same as that of any other foetus or child.
Lawyers for the unborn said that longevity does not come into play in any way when measuring a child's constitutional rights and there is no logic in seeking to define the current status of a foetus with reference to what will happen after birth.
Mr Connolly, for the unborn, is making his submissions in response to the legal challenge by Miss D who wants to travel to the UK to have a termination because her baby has a fatal brain condition.
Earlier, it emerged that a district court judge on Saturday refused to make an order permitting the 17-year-old to travel saying it would amount to a failure of the court to protect the rights of the unborn.
The HSE said the judge misconstrued the law and is bringing a judicial review challenge in a bid to overturn this decision.
The judge in the Miss D High Court case has said he will deliver a partial decision on Wednesday afternoon.
