Consent is not for Irish women: once a person in Ireland becomes pregnant, their right to refuse or to choose medical treatment is null and void. Self-determination is not for Irish women: once a person in Ireland becomes pregnant, they may no longer choose the direction of their lives within our borders, and if they do not have the right to leave their borders their lives become the property of our state. And as of today, even the right to be laid to rest after our deaths is not for any pregnant person in this country.
At first glance, it doesn’t seem that way. December 26th marked a High Court ruling on the case of a brain-dead woman who has been kept on
life somatic support since her death on December 3rd. She has been kept breathing, despite the unanimous wishes of her partner and family, because at the time of her death she was ~14 weeks pregnant, and Ireland’s constitution demands that the right to life of a foetus must be protected. Because of this constitutional provision- which I’ll go into in more detail in a moment, don’t you worry- none of her doctors would allow her life support to be turned off. Her family- including her two young children- have been forced to watch as the condition of her still-breathing corpse deteriorated grotesquely, waiting for the High Court to deliberate and make its decision.
It’s a hell of a way to spend Christmas.
On the morning after, though, the High Court ruled in favour of the woman being taken off somatic support. At face value this is a positive thing. It allows the woman to finally have some kind of dignity in her death, and for her family to begin to grieve her and move on. They’re not stuck with grotesque daily updates on the deteriorating condition of her body and the foetus inside it.
It looks positive- in as much as you can use a word like that in a situation like this- unless you actually read the High Court ruling. When I say “then it becomes terrifying”, I want you to understand that I am not exaggerating for effect. The implications of this ruling are terrifying, and they are macabre, because although it provides for somatic support for this woman to be switched off, it also creates precedent for the corpses of pregnant people to be sustained in future. And within this, there is no consideration whatsoever given to the wishes of the person being used this way.
I said that consent is not for Irish women. With this ruling, neither consent nor the right to a dignified and final death are for any pregnant person in this country.
I guess it’s time to explain.