State must deal with life issues
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THE unfortunate couple who fought a long-running battle over the use of their frozen embryos have highlighted a massive gap in the laws of the country and a pusillanimous political reluctance to do anything about it.
Five judges agreed unanimously that, under the Irish Constitution, frozen embryos do not have a right to life and that that right is only bestowed when a foetus or a fertilised egg is implanted in the womb.
Mr Roche saw it as his basic human right not to be forced to father another child with a woman from whom he had separated.
Mrs Roche saw herself defending the interests of what she regards as her unborn children. "I acted as any mother would do," she said.
The judges were at some pains to point out that they were only doing a job of law, and not presuming to pronounce on principles of science, theology or ethics.
Their dilemma was neatly summarised by Ms Justice Susan Denham who pointed out that the case was not about the mystery and wonder of human life.
The judges' task was to make a legal decision on the meaning of an article of the Constitution, in particular the correct interpretation of the term "unborn".
Sadly, the judges will have been all too aware that their decision would indeed have a real effect on the wonderful and mysterious process that culminates in the creation of a living being.
And they have a right to feel aggrieved that it should be left to them, professional lawyers, to address such a question.
A court is not the appropriate arena for attempting to define life and ensoulment.
Mr Justice Fennelly said it was disturbing that, four years after the publication of the Commission in Assisted Reproduction, no legislative proposal had yet been formulated and that, as far as he knew, the State has no intention of proposing relevant legislation.
The unfortunate Mr and Mrs Roche are the latest victims of what Mr Justice Adrian Hardiman described as a marked reluctance on the part of lawmakers to legislate on the issues involved with assisted human reproduction.
World science marches on as the Irish continue to dodge a vital issue.
Irish Independent
