Madam, - First of all, I wish to acknowledge the enormity of the task faced by Mr Justice Brian McGovern in interpreting the meaning of the "unborn" in Article 40.3.3 of the Constitution.
That said, I am surprised that the judge failed to recognise the full human status of human embryos created in the laboratory (and now in the deep freeze). Science has demonstrated beyond doubt that, at fertilisation (irrespective of how that happens), a human being is conceived which, given the necessary conditions, will normally grow to full maturity.
Thus, with regard to the constitutional protection of the unborn, it is really immaterial whether or not a human being was conceived in the womb or outside the womb (in a petri dish).
By denying the human embryo "personal rights", Mr Justice McGovern has effectively decreed that human embryos are not fully human, for which there is no scientific (or other) basis.
Though human embryos produced outside the womb do not enjoy "personal rights", the judge nonetheless encourages those in authority to provide legislation that would take into consideration the "special respect" due to such human embryos.
At first glance, this is encouraging, as the human embryo is accorded some recognition.
In fact it is a most dangerous concept. It allows governments to legislate in such a way that a sliding scale of "respect" can be used to justify intervention by scientists - including destructive experimentation at the earlier stages of embryonic development needed, among other things, to improve IVF.
"Special respect" usually amounts to little more than the setting-up of some commission, ethical committee, or other statutory body to monitor what is done to human embryos in laboratories, while in effect allowing scientists more or less a free hand, provided they fulfil certain formalities.
As your editorial points out, this judgment must be seen in the context of the 2005 report of the Committee on Assisted Human Reproduction, which has proposed radical legislation on artificial reproduction that even goes beyond that at present operating in Britain.
Legal and public acceptance of abortion was the basis for the British legislation on experimentation on human embryos.
On the basis of Mr Justice McGovern's judgment, are you now encouraging our legislators to introduce even more radical legislation despite the people's well-recorded opposition to abortion? - Yours, etc,
Dr VINCENT TWOMEY, SVD, Professor of Moral Theology, Maynooth, Co Kildare.
A Chara, - Gavin Ross (Nov 17th) argues that we cannot give the human embryo any rights by postulating the nightmare scenario of women being forced to undergo pregnancy and giving birth to ensure that all embryos produced in an IVF cycle are given a chance at life.
There is a simple solution to his conundrum: each cycle should produce only enough embryos that can be safely brought to term at once.
Several other European countries already have similar restrictions on IVF treatment. - Is mise,
LEO TALBOT, Lucan, Co Dublin.