A Nigerian woman and her unborn baby have applied to the High Court for an order to prevent their deportation from the State. The baby is due next May.
Mr Justice Smyth is being asked for a number of orders, including a declaration that deportation from the State of the mother would constitute an interference with the unborn baby's rights, in particular, the right to life of the unborn.
Dr Michael Forde SC, for the applicants, is also seeking an order quashing a decision in July 2000 of the Minister for Justice, Equality and Law Reform rejecting the woman's appeal against the refusal of refugee status.
It is claimed Article 44.3.3 and other provisions of the Constitution confer on the unborn child a right to life, a right to legal personality and other constitutional rights including to achieve their birthright under the Constitution.
In an affidavit, Mr Brendan Toale, solicitor for the applicants, said the rate of neo-natal and infant mortality in Nigeria was considerably higher than in Ireland. If deported, a substantial risk would arise to the life of the unborn baby. He also stated the circumstances of the woman's case were not adequately or properly considered.
Mr John Lohan of the immigration division at the Department of Justice, Equality and Law Reform, said in an affidavit that Article 2 of the Constitution declared the entitlement and birthright of every person born in Ireland to be part of the Irish nation. Accordingly, he was advised, it created no constitutional rights in respect of a person yet to be born.
The hearing continues today.