Wikipedia

Fetal rights

Fetal rights (alternatively prenatal rights[1]) are the moral rights or legal rights of the human fetus under natural and civil law. The term fetal rights came into wide usage after Roe v. Wade, the 1973 landmark case that legalized abortion in the United States and was essentially overturned in 2022.[2][3] The concept of fetal rights has evolved to include the issues of maternal substance use disorders, including alcohol use disorder and opioid use disorder.[4] Most international human rights charters "clearly reject claims that human rights should attach from conception or any time before birth."[5] While most international human rights instruments lack a universal inclusion of the fetus as a person for the purposes of human rights, the fetus is granted various rights in the constitutions and civil codes of some countries.[6]

Prenatal or fetal?

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There are jurisdictions where children in the prenatal stage are assigned rights even before they reach the fetal stage. For example, in Italy, embryos are considered subjects of law already after fertilization and even before implantation (if fertilization happens in vitro).[7] The term fetus itself is not exactly suitable for legal purposes, as it denotes only a part of the prenatal period with a starting point that remains unclear. Furthermore, its archetypal meaning is associated with plants, contributing to the dehumanization of the child in the prenatal stage.[8]

History

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See also: History of abortion law debate

In antiquity, the fetus was sometimes protected by restrictions on abortion.[citation needed] Some versions of the Hippocratic Oath indirectly protected the fetus by prohibiting abortifacients.[9] Until approximately the mid-19th century, philosophical views on the fetus were influenced in part by Aristotelian concept of delayed hominization.[10] According to it, human fetuses only gradually acquire their souls, and in the early stages of pregnancy the fetus is not fully human.[10] Relying on examinations of miscarried fetuses, Aristotle believed that male fetuses acquire their basic form at around day 40, and female ones at day 90.[10] For Pythagoreans, however, fetal life was co-equal in moral worth with adult human life from the moment of conception; similar views were held by Stoics.[11] Ancient Athenian law did not recognise fetal right to life before the ritual acknowledgement of the child.[12] The law, however, allowed for the postponement of the execution of sentenced pregnant women until a baby was delivered.[13]

Several Hindu texts on ethics and righteousness, such as Dharmaśāstra, give fetus a right to life from conception, although in practice such texts are not always followed.[14]

The property law of the Roman Empire granted fetus inheritance rights.[15] As long as the fetus was conceived before the testator's death (usually, the father) and then born alive, their inheritance rights were equal to those born before the testator's death.[15] Even though under Roman law the fetus was not a legal subject, it was a potential person whose property rights were protected after birth.[15] Roman jurist Ulpian noted that "in the Law of the Twelve Tables he who was in the womb is admitted to the legitimate succession, if he has been born".[16] Another jurist Julius Paulus similarly noted, that "the ancients provided for the free unborn child in such a way that they preserved for it all legal rights intact until the time of birth".[16] The inheritance rights of the fetus were means of fulfilling the testator's will.[15] The interests of the fetus could be protected by a custodian, usually a male relative, but in some cases a woman herself could be appointed the custodian.[17] The Digest granted the fetus consanguinity rights,[18] vesting the protection of fetal interests in the praetor. The Digest also prohibited the execution of pregnant women until delivery.[19] The Roman law also envisaged that if a slave mother had been free for any period between the time of the conception and childbirth, the child would be regarded as born free.[20] Although the mother might have become slave again before the childbirth, it was considered that the unborn should not be prejudiced by the mother's misfortune.[20] At the same time, Greek and Roman sources do not mention issues of alcohol consumption by pregnant women.[21] On that basis it is believed that Greeks and Romans were not aware of the fetal alcohol syndrome.[21]

 
A baby holding the "Petition of the Unborn Babes", 18th century illustration.

After the spread of Christianity, an issue emerged: whether it was permissible for a pregnant woman to be baptised before childbirth, due to uncertainty as to whether the fetus would be cobaptised with its mother. The Synod of Neo-Caesarea decided that the baptism of a pregnant woman in any stage of gestation did not include the fetus.[22] In the Middle Ages, fetal rights were closely associated with the concept of ensoulment. In some cases the fetus could also inherit or be in the order of succession. In the Byzantine Empire, a fetus was regarded as a natural person and could inherit alongside blood descendants and slaves.[23] Byzantine Emperor Michael VIII Palaiologos allowed soldiers to transfer their pronoiai to their unborn children.[24] The unborn royals were increasingly granted the right to succession. In 1284, King of Scotland Alexander III designated his future unborn children as heirs presumptive by the act of parliament to avoid potential squabbles among loyal descendants of his lineage.[25] The 1315 entail of Scottish king Robert the Bruce allowed the unborn collateral individuals to be in line for the throne beyond his brother Edward and daughter Marjorie Bruce.[25] After the death of Albert II of Germany in 1439, his then-unborn son Ladislaus the Posthumous inherited his father's sovereign rights.[26] In 1536, the British Parliament gave the unborn children of Henry VIII and Jane Seymour precedence in the line of royal succession.[27] The medieval distinction between the ensouled and the unensouled fetus was removed after Pope Pius IX decreed in 1854 that the ensoulment of Virgin Mary occurred at conception.[28]

In 1751, a pamphlet "The Petition of the Unborn Babes to the Censors of the Royal College of Physicians of London" by physician Frank Nicholls was published, advocating fetal right to life and protection. The pamphlet anticipated many of the arguments of the 21st century's pro-life movement.[29] In 1762, English jurist and judge William Blackstone wrote that an "infant in its mother's womb" could benefit from a legacy and receive an estate as if it were actually bom.[30] The fetus was thus considered a person for purposes of inheritance.[30] Similarly to the Roman law, the Napoleonic Code envisaged that if a woman becomes a widow, a male guardian should be appointed for her unborn child.[31]

In the 20th century and particularly after World War II fetal rights issues continued to develop. In 1948, the Declaration of Geneva was adopted which prior to amendments in 1983 and 2005, advised physicians to "maintain the utmost respect for human life from the time of its conception".[32] In 1967, American Bar Association Journal noted "the modern trend of legal decisions that grant every property and personal right to the unborn child, including the right to life itself, from conception on".[33] In 1975, while interpreting the right to life under the Basic Law of Germany, the Federal Constitutional Court opined that "life in the sense of historical existence of a human individual" exists "at least from the 14th day after conception (nidation, individuation)" and thus everyone's right to life under the Basic Law of Germany includes the unborn as human beings.[34] The 1980s witnessed the reappearance of fetal protection in the workplace, aimed at guarding fetal health in potentially hazardous working conditions.[35] In 1983, Ireland was one of the first countries in the world to constitutionalize a fetal right to life by passing the Eighth Amendment to the Constitution, later repealed in September 2018.[36]

Modern regulations

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The only modern international treaty specifically tackling the fetal rights is the American Convention on Human Rights which envisages the fetal right to life from the moment of conception.[37] The convention was ratified by twenty five countries of the Americas (two countries later denounced the convention leading the current number of ratifiers to be twenty three [38])[a] in 1973–1993. Mexico ratified the convention with the reservation that the expression "in general" concerning the fetal right to life does not constitute an obligation and that this matter falls within the domain of the states.[40] While the convention may be interpreted to permit domestic abortion laws in exceptional circumstances, it effectively declares the fetus a person.[40] However, only a minority of state ratifiers completely prohibit abortion without allowing for an exception when the pregnant woman's life is in danger (Dominican Republic, El Salvador and Nicaragua).[41]

Based on the 1959 Declaration of the Rights of the Child, preambular paragraph 9 of the Convention on the Rights of the Child (CRC) states that "the child... needs... appropriate legal protection before as well as after birth", but due to ambiguity the legal protection of the fetus conflicts with the rights of a pregnant girl under the same Convention.[42] Such conflict is sometimes called maternal-fetal conflict.[43] Under CRC, the rights of a pregnant girl are interpreted as superseding those of her fetus.[42] The states retain the power to decide for themselves what prenatal legal protection they would adopt under CRC.[44] A proposal to grant fetus the right to life from conception was put forward by Belgium, Brazil, El Salvador, Mexico and Morocco during drafting of the International Covenant on Civil and Political Rights (ICCPR), but it was rejected in favor of less stringent wording.[45] At the same time, ICCPR prohibits the execution of pregnant women.[46]

The World Medical Association Declaration on Therapeutic Abortion notes that "circumstances bringing the interests of a mother into conflict with the interests of her unborn child create a dilemma and raise the question as to whether or not the pregnancy should be deliberately terminated".[47] The Dublin Declaration on Maternal Healthcare, signed in 2012, prioritizes fetal right to life by noting that "there is a fundamental difference between abortion, and necessary medical treatments that are carried out to save the life of the mother, even if such treatment results in the loss of life of her unborn child".[48] Several organizations, such as World Health Organization (WHO) and Human Rights Watch prioritize women's reproductive rights over fetal rights.[49]

Under European law, a fetus is generally regarded as an in utero part of the mother and thus its rights are held by the mother.[50] The European Court of Human Rights opined that the right to life does not extend to fetuses under Article 2 of the European Convention on Human Rights (ECHR).[50] In H. v. Norway, the European Commission did not exclude that "in certain circumstances" the fetus may enjoy "a certain protection under Article 2, first sentence".[51] Two European Union member states (Hungary and Slovakia) grant the fetus the constitutional right to life. The Constitution of Norway grants the unborn royal children the right of succession to the throne.[52] In English common law, fetus is granted inheritance rights under the born alive rule.[50]

Islamic law grants the fetus the right to life particularly after ensoulment, which according to various Islamic jurists happens after 40–42 days or four months after conception[53] (some Shiite jurists believe the ensoulment occurs after 11 to 14 days, during the implantation of the fertilized egg in the uterine wall).[54] Both the Sunni and Shiite jurists accord the fetus inheritance rights under two conditions: if a man dies and a pregnant wife survives him, the fetal right to inherit is secure and the inheritance cannot be disposed of before the fetus' share is set aside.[54] Under the second condition, if a woman aborts the fetus at any stage and ignores any vital signs, the fetus is entitled to the inheritance of any legitimate legator who dies after its conception.[54]

The legal debate on fetal rights sometimes invokes the notion of fetal viability.[55] Its primary determinant is fetal lung capacity which typically develops at twenty-three to twenty-four weeks.[55] The twenty-three weeks is usually regarded as the lower bound of fetal viability because technology has been unable to surpass the limit set by lung development.[55] It was nonetheless stated that technology has made it possible to regard the fetus as a patient independent of the mother.[2] In Winnipeg Child and Family Services v. G., the judges argued that "technologies like real-time ultrasound, fetal heart monitors and foetoscopy can clearly show us that the fetus is alive" and thus the born alive rule is "outdated and indefensible".[56]

The creation of human embryos for all research purposes is prohibited by the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine. However, similarly to the abortion debate, in the normative debate on embryo research two views can be distinguished: a "fetalist" view focusing on the moral value of the embryo, and a "feminist" view advocating the interests of women, particularly candidate oocyte donors.[57]

Prenatal personhood

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In most jurisdictions, children in the prenatal stage are not considered subjects of law, or bearers of subjective rights. According to Aude Bertrand-Mirkovic, children in the prenatal stage are human persons but do not need legal personhood, as their rights can be protected by objective law.[58] In civil law, legislature often resort to infans conceptus rule, which is rooted in Roman law and means that the pre-born child is treated as born whenever it is considered in their interest.[59] Enforcement of this rule is subjected to a condition of live (and sometimes viable) birth.[60] In Common law, there exists the Born alive rule, — the principle applied in criminal matters which says that ‘a person cannot be held responsible for injuries inflicted on a foetus in utero unless and until it is born alive’.[61]

In some countries, such as the Republic of El Salvador,[62] the Italian Republic,[63] and the Republic of Peru,[64] the child in the prenatal stage is endowed with the status of a subject of law. Recognition of a child in the prenatal stage as a subject of law in practice does not imply the prohibition of abortion[65] and does generally imply the emergence of subjective non-property rights. In contrast, most subjective property rights may arise before birth but can be exercised already after birth.

According to Oleksandra Steshenko, prenatal personhood should be seen as legal personhood of a particular type, as its scope and content differ from the personhood of born people:[66] a) prenatal personhood always lacks the capacity to act;[67] b) it does not necessarily require the civil registration of prenatal existence;[68] c) the beginning of prenatal existence can be determined, when necessary, using legal presumptions;[69] d) every prenatal right should be weighed against the rights of a pregnant mother and, where relevant, against rights of a father;[70] e) as the duration of prenatal existence increases, the child gradually acquires a broader range of rights with increasing scope.[71]

Fetal (prenatal) rights by country

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Country Constitutional protection of fetal rights Recognition of personhood
  Canada No No
223. When child becomes human being[72]
A child becomes a human being within the meaning of this Act when it has completely proceeded, in a living state, from the body of its mother, whether or not:
(a) it has breathed;
(b) it has an independent circulation; or
(c) the navel string is severed.
  Chile Yes
Article 19[73]
The Constitution guarantees all persons:

1.The right to life and to the physical and mental integrity of the person.

The law protects the life of the unborn.
 Yes
  Dominican Republic Yes
Article 37[74]
The right to life is inviolable from conception until death. The death penalty may not be established, pronounced, nor applied in any case.		 Yes
  Ecuador Yes
Article 45[75]
Children and adolescents shall enjoy the rights that are common to all human beings, in addition to those that are specific to their age. The State shall recognize and guarantee life, including care and protection from the time of conception.		 Yes
  El Salvador Yes
Article 1[76]
El Salvador recognizes the human person as the origin and the end of the activity of the State, which is organized to attain justice, judicial security, and the common good.
In that same manner, it recognizes as a human person every human being since the moment of conception.		 Yes
  Guatemala Yes
Article 3[77]
The State guarantees and protects the human life from its conception, as well as the integrity and security of the person.		 Yes
  Hungary Yes
Article 2[78]
Human dignity shall be inviolable. Every human being shall have the right to life and human dignity; the life of the foetus shall be protected from the moment of conception.		 Yes
  Honduras Yes
Article 67[79]
The unborn shall be considered as born for all rights accorded within the limits established by law.		 Yes
  Madagascar Yes
Article 19[80]
The State recognizes and organizes for all individuals the right to the protection of health from their conception through the organization of free public health care, which gratuitousness results from the capacity of the national solidarity.		 Yes
  Peru Yes
Article 2.[81]
To life, his identity, his moral, psychical, and physical integrity, and his free development and well-being. The unborn child is a rights-bearing subject in all cases that benefit him.		 Yes
  Brazil No Yes
Article 2. [82]
The civil personality of the person starts in the birth with the life, but the law safeguard, since the conception, the rights of the unborn.
  Philippines Yes
Section 12[83]
The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception.		 Yes
  Slovakia Yes
Article 15[84]
1. Everyone has the right to life. Human life is worthy of protection already before birth.		 Yes
  Solomon Islands No Yes[85]
  1. ^ Argentina, Barbados, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominica, Ecuador, El Salvador, Grenada, Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Dominican Republic, Suriname, Trinidad and Tobago (denounced), Uruguay and Venezuela (denounced).[1][39]
 
United States President George W. Bush signs the Unborn Victims of Violence Act of 2004

The Eighth Amendment of the Constitution of Ireland gave "the unborn" a right to life equal to that of "the mother".[86] In 2018, the Supreme Court ruled that the fetus' only inherent constitutionally protected right is the right to be born, overturning a High Court ruling that a fetus additionally possessed the children's rights guaranteed by Article 42A of the Constitution.[87] On 25 May 2018, a referendum was passed[88] which amended the Constitution by the substitution of the former provision recognising the right to life of the unborn, with one permitting the Oireachtas, the Irish Parliament, to legislate for the termination of pregnancies.[89] This amendment took effect when it was signed into law by the President of Ireland on 18 September 2018, and abortion was governed by the Protection of Life During Pregnancy Act 2013 until it was replaced and repealed by the Health (Regulation of Termination of Pregnancy) Act 2018, which took effect on 1 January 2019.

In the United States, as of 2014, thirty-eight states provide certain level of criminal protection for the unborn, and twenty-three of these states have laws that protect the fetus from conception until birth.[90] All US states–by statute, court rule or case law–permit a guardian ad litem to represent the interests of the unborn.[91] In 1999, the Unborn Victims of Violence Act was introduced into United States Congress which defines violent assault committed against pregnant women as being a crime against two victims: the woman and the fetus she carries.[92] This law was passed in 2004 after the murder of Laci Peterson and the fetus she was carrying. In 2002, U.S. President George W. Bush announced a plan to ensure health care coverage for fetuses under the State Children's Health Insurance Program (SCHIP).[93]

The civil codes of several countries, such as China (including Hong Kong and Macau)[94] and Russia, as well as some US states,[91] grant fetus inheritance rights, usually under the born alive rule. In the civil code of Iran, fetus can inherit in case of abortion that took place due to a crime, as long as the fetus was alive even for a second after birth.[citation needed] Under the civil code of Japan, for the purposes of inheritance the fetus is deemed to have already been born.[95] The civil codes of the Philippines and Spain envisage that donations to the unborn children can be made and accepted by "persons who would legally represent them if they were already born".[96][97] The same is allowed by the Malikis.[98]

Alongside Norway, the Constitution of Bhutan grants the unborn royal children the right to succession, but only if there is no male heir.[99]

Behavioral intervention

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Various initiatives, prompted by concern for the ill effects which might be posed to the health or development of a fetus, seek to restrict or discourage women from engaging in certain behaviors while pregnant. Also, in some countries, laws have been passed to restrict the practice of abortion based upon the gender of the fetus.

See also

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Notes

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References

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  1. ^ Steshenko, Oleksandra (2024). Prenatal Rights. p. 209. ISBN 9798321386026. Retrieved 13 July 2024.
  2. ^ a b Marsh, FH (1997). "Abortion and the law: the Supreme Court, privacy, and abortion". Advances in Bioethics. 2: 107–23. PMID 12348324.
  3. ^ Benshoof, J (22 January 1998). "Sex, lies, and stereotypes". Reproductive Freedom News. 7 (1): 2–3. PMID 12293725.
  4. ^ Erin N. Linder (2005). "Punishing prenatal alcohol abuse: the problems inherent in utilizing civil commitment to address addiction" (PDF). University of Illinois Law Review. Archived (PDF) from the original on 7 February 2016. Retrieved 29 October 2015.
  5. ^ Copelon, Rhonda; Zampas, Christina; Brusie, Elizabeth; deVore, Jacqueline (January 2005). "Human Rights Begin at Birth: International Law and the Claim of Fetal Rights". Reproductive Health Matters. 13 (26): 120–129. doi:10.1016/S0968-8080(05)26218-3. PMID 16291493. S2CID 33649988. In the Universal Declaration of Human Rights, the foundation of human rights, the text and negotiating history of the "right to life" explicitly premises human rights on birth. Likewise, other international and regional human rights treaties, as drafted and/or subsequently interpreted, clearly reject claims that human rights should attach from conception or any time before birth. They also recognise that women's right to life and other human rights are at stake where restrictive abortion laws are in place.
  6. ^ Boland, Reed; Katzive, Laura (September 2008). "Developments in Laws on Induced Abortion: 1998-2007". International Family Planning Perspectives. 34 (3): 110–120. doi:10.1363/3411008. PMID 18957353.
  7. ^ "Legge 19 febbraio 2004, n 40 'Norme in materia di procreazione medicalmente assistita'". Parlamento Italiano. Retrieved 13 April 2024.
  8. ^ Steshenko, Oleksandra (30 March 2024). Prenatal Rights. Independently published. p. 16-17. ISBN 9798321386026.
  9. ^ Riddle, John (1994). Contraception and Abortion from the Ancient World to the Renaissance. Harvard University Press. p. 8. ISBN 0-674-16876-3.
  10. ^ a b c James Fieser (2010). "Abortion". Applied Ethics: A Sourcebook. University of Tennessee. Archived from the original on 7 October 2018. Retrieved 30 October 2015.
  11. ^ Riddle 1994, p. 64.
  12. ^ K. A. Kapparis (2002). Abortion in the Ancient World. Duckworth Academic. p. 188. ISBN 0-7156-3080-6.
  13. ^ Mitchel Roth (2010). Crime and Punishment: A History of the Criminal Justice System. Cengage Learning. p. 12. ISBN 978-0-495-80988-3.
  14. ^ Harold G. Coward; Philip Hilton Cook (1996). Religious Dimensions of Child and Family Life: Reflections on the UN Convention on the Rights of the Child. Wilfrid Laurier Univ. Press. p. 60. ISBN 1-55058-104-X.
  15. ^ a b c d Jean Reith Schroedel (2000). Is the Fetus a Person?: A Comparison of Policies Across the Fifty States. Cornell University Press. p. 31. ISBN 0-8014-3707-5.
  16. ^ a b Judith Evans Grubbs (2002). Women and the Law in the Roman Empire: A Sourcebook on Marriage, Divorce and Widowhood. Psychology Press. p. 264. ISBN 0-415-15240-2.
  17. ^ Е. В. Афонасин. (2014). "Казусы римского права" (PDF) (in Russian). Новосибирский гос. ун-т. p. 78. Archived (PDF) from the original on 22 November 2015. Retrieved 3 November 2015.
  18. ^ "The Digest or Pandects Book XXXVIII". The Roman Law Library. Archived from the original on 4 September 2015. Retrieved 3 November 2015.
  19. ^ "The Digest or Pandects Book XLVIII". The Roman Law Library. Archived from the original on 18 December 2015. Retrieved 31 October 2015.
  20. ^ a b Robert Dundonald Melville (July 2010). A manual of the principles of Roman law relating to persons, property, and obligations. Ripol Classic. p. 103. ISBN 978-1-176-34158-6.
  21. ^ a b Ernest L. Abel (1999). "Was the fetal alcohol syndrome recognized by the Greeks and Romans?" (PDF). Alcohol & Alcoholism. Archived from the original (PDF) on 22 November 2015. Retrieved 31 October 2015.
  22. ^ S. Troianos. "The embryo in Byzantine canon law" (PDF). Biopolitics International Organisation. Archived (PDF) from the original on 22 November 2015. Retrieved 2 November 2015.
  23. ^ Nigel Wilson, ed. (2013). Encyclopedia of Ancient Greece. Routledge. p. 381. ISBN 978-1-136-78799-7.
  24. ^ Mark C. Bartusis (2013). Land and Privilege in Byzantium: The Institution of Pronoia. Cambridge University Press. p. 276. ISBN 978-1-139-85146-6.
  25. ^ a b Michael Penman. "Diffinicione successionis ad regnum Scottorum: Royal succession in Scotland in the Later Middle Ages" (PDF). STORRE: Stirling Online Research Repository. Archived (PDF) from the original on 22 November 2015. Retrieved 8 November 2015.
  26. ^ John A. Gade. Luxemburg in the Middle Ages. Brill Archive. p. 211.
  27. ^ James Panton (2011). Historical Dictionary of the British Monarchy. Scarecrow Press. p. xxx. ISBN 978-0-8108-7497-8.
  28. ^ Erich H. Loewy (2013). Textbook of Medical Ethics. Springer Science & Business Media. pp. 159–160. ISBN 978-94-017-4479-9.
  29. ^ "Man-Midwife, Male Feminist: The Life and Times of George Macaulay, M.D., Ph.D. (1716-1766)". University of Michigan Library. Retrieved 17 November 2015.
  30. ^ a b "The Legal Status Of the Unborn Child". The Journal of Legal Medicine. Magazines for Industry, Incorporated: iv. 1977.
  31. ^ The Code Napoleon: Or, The French Civil Code. Translated by George Spence; Robert Samuel Richards. C. Hunter. 1824. p. 108. OCLC 221390954.
  32. ^ Tatsuo Kuroyanagi (2013). "Historical Transition in Medical Ethics — Challenges of the World Medical Association" (PDF). Japan Medical Association Journal. Archived (PDF) from the original on 22 November 2015. Retrieved 29 October 2015.
  33. ^ Richard P. Byrne (April 1967). "Abortion Classified and Reclassified". ABA Journal. 53: 304, 306. ISSN 0747-0088.
  34. ^ Jayawickrama, Nihal (2002). The Judicial Application of Human Rights Law: National, Regional and International Jurisprudence. Cambridge University Press. pp. 246–247. ISBN 0-521-78042-X.
  35. ^ Blank, Robert; Bonnicksen, Andrea (2013). Medicine Unbound: The Human Body and the Limits of Medical Intervention: Emerging Issues in Biomedical Policy Volume 3. Columbia University Press. p. 77. ISBN 978-0-231-51426-2.
  36. ^ Fiona De Londras (22 May 2015). "Constitutionalizing Fetal Rights: A Salutary Tale from Ireland". Michigan Journal of Gender & Law. SSRN 2600907.
  37. ^ "Q&A: Human Rights Law and Access to Abortion". Human Rights Watch. Archived from the original on 3 July 2015. Retrieved 29 October 2015.
  38. ^ ":: Multilateral Treaties > Department of International Law > OAS ::". www.oas.org. Archived from the original on 1 April 2019. Retrieved 25 June 2019.
  39. ^ "Signatories and Ratifications". Organization of American States. Archived from the original on 1 April 2019. Retrieved 30 October 2015.
  40. ^ a b Alvaro Paul (2012). "Controversial conceptions: The unborn and the American Convention on Human Rights". Loyola University Chicago International Law Review. Archived from the original on 19 September 2015. Retrieved 29 October 2015.
  41. ^ Chakrabarti, Reeta (29 September 2016). "Chile's president defiant over abortion changes". Archived from the original on 2 April 2019. Retrieved 25 June 2019.
  42. ^ a b Abby F. Janoff (2004). "Rights of the pregnant child vs. rights of the unborn under the Convention on the Rights of the Child" (PDF). Boston University International Law Journal. Archived (PDF) from the original on 23 November 2015. Retrieved 30 October 2015.
  43. ^ Linda Farber Post (1996). "Bioethical Consideration of Maternal-Fetal Issues". Fordham Urban Law Journal. Archived from the original on 22 November 2015. Retrieved 31 October 2015.
  44. ^ Jozef H.H.M. Dorscheidt (2010). "Developments in Legal and Medical Practice Regarding the Unborn Child and the Need to Expand Prenatal Legal Protection". European Journal of Health Law. Archived from the original on 11 March 2022. Retrieved 8 November 2015.
  45. ^ Niels Petersen. "The Legal Status of the Human Embryo in vitro: General Human Rights Instruments" (PDF). Zeitschrift für ausländisches öffentliches Recht und Völkerrecht. Archived (PDF) from the original on 22 November 2015. Retrieved 2 November 2015.
  46. ^ "International Covenant on Civil and Political Rights". UN Office of the High Commissioner for Human Rights. Archived from the original on 12 May 2020. Retrieved 1 November 2015.
  47. ^ "WMA Declaration on Therapeutic Abortion". WMA. Archived from the original on 28 October 2015. Retrieved 28 October 2015.
  48. ^ "Translations". Dublin Declaration. Archived from the original on 28 October 2015. Retrieved 28 October 2015.
  49. ^ World Health Organization (2012). Safe abortion: technical and policy guidance for health systems (PDF) (2nd ed.). Geneva: World Health Organization. p. 78. ISBN 978-92-4-154843-4. Archived (PDF) from the original on 16 January 2015. Retrieved 22 November 2015.
  50. ^ a b c Asim Kurjak; Frank A. Chervenak, eds. (2006). Textbook of Perinatal Medicine, Second Edition. CRC Press. p. 218. ISBN 1-4398-1469-4.
  51. ^ Douwe Korff. "The right to life. A guide to the implementation of Article 2 of the European Convention on Human Rights" (PDF). European Court of Human Rights. p. 10. Archived (PDF) from the original on 22 November 2015. Retrieved 2 November 2015.
  52. ^ "The Constitution, as laid down on 17 May 1814 by the Constituent Assembly at Eidsvoll and subsequently amended, most recently in May 2014" (PDF). Storting. Archived from the original (PDF) on 8 September 2015. Retrieved 11 November 2015. B, Article 6: An unborn child shall also be included among those entitled to the succession and shall immediately take her or his proper place in the line of succession as soon as she or he is born into the world.
  53. ^ Abdel-Rahim Omran, ed. (2012). Family Planning in the Legacy of Islam. Routledge. ISBN 978-1-134-93642-7.
  54. ^ a b c Abdulaziz Sachedina (2009). Islamic Biomedical Ethics: Principles and Application. Oxford University Press. p. 139. ISBN 978-0-19-970284-8.
  55. ^ a b c Blank & Bonnicksen 2013, p. 85.
  56. ^ Kristin Savell. "Is the 'Born Alive' Rule Outdated and Indefensible?" (PDF). Sydney Law Review. Archived (PDF) from the original on 22 November 2015. Retrieved 8 November 2015.
  57. ^ Guido de Wert; Christine Mummery (2003). "Human embryonic stem cells: research, ethics and policy". Human Reproduction. 18 (4). Oxford Journals: 672–682. doi:10.1093/humrep/deg143. PMID 12660256.
  58. ^ Bertrand-Mirkovic, Aude (15 April 2015). La notion de personne: Étude visant à clarifier le statut juridique de l'enfant à naître. Presses universitaires d’Aix-Marseille. Retrieved 13 April 2024.
  59. ^ "Définition de Infans conceptus". DICTIONNAIRE DU DROIT PRIVÉ. Retrieved 13 April 2024.
  60. ^ Steshenko, Oleksandra (30 March 2024). Prenatal Rights. Independently published. p. 109. ISBN 979-8321386026. Retrieved 13 April 2024.
  61. ^ Casey, Gerard (2005). Born Alive: The Legal Status of the Unborn Child. Barry Rose Law Publishers Limited. pp. viii.
  62. ^ "LEY DE PROTECCIÓN INTEGRAL DE LA NIÑEZ Y ADOLESCENCIA". Retrieved 13 April 2024.
  63. ^ "Legge 19 febbraio 2004, n 40 'Norme in materia di procreazione medicalmente assistita'". Retrieved 13 April 2024.
  64. ^ "Political Constitution of Peru (1993)" (PDF). Retrieved 13 April 2024.
  65. ^ Steshenko, Oleksandra (2024). Prenatal Rights. pp. 127–128. ISBN 979-8321386026.
  66. ^ Steshenko, Oleksandra (2024). Prenatal Rights. p. 128. ISBN 979-8321386026. Retrieved 14 April 2024.
  67. ^ Steshenko, Oleksandra (2024). Prenatal Rights. p. 129. ISBN 979-8321386026.
  68. ^ Oleksandra, Steshenko (2024). Prenatal Rights. p. 132. ISBN 979-8321386026.
  69. ^ "Code civil, Article 311". Légifrance. Retrieved 14 April 2024.
  70. ^ Steshenko, Oleksandra (2024). Prenatal Rights. pp. 134–136. ISBN 979-8321386026.
  71. ^ Steshenko, Oleksandra. Prenatal Rights. p. 136. ISBN 979-8321386026.
  72. ^ "Criminal Code of Canada". Archived from the original on 31 January 2019. Retrieved 30 January 2019.
  73. ^ "Chile's Constitution of 1980 with Amendments through 2012" (PDF). Constitute Project. Archived (PDF) from the original on 22 November 2015. Retrieved 31 October 2015.
  74. ^ "Dominican Republic's Constitution of 2010" (PDF). Constitute Project. Archived (PDF) from the original on 15 January 2016. Retrieved 31 October 2015.
  75. ^ "Ecuador's Constitution of 2008" (PDF). Constitute Project. Archived (PDF) from the original on 4 October 2015. Retrieved 31 October 2015.
  76. ^ "El Salvador's Constitution of 1983 with Amendments through 2003" (PDF). Constitute Project. Archived (PDF) from the original on 22 November 2015. Retrieved 31 October 2015.
  77. ^ "Guatemala's Constitution of 1985 with Amendments through 1993" (PDF). Constitute Project. Archived (PDF) from the original on 22 November 2015. Retrieved 31 October 2015.
  78. ^ "Hungary's Constitution of 2011" (PDF). Constitute Project. Archived (PDF) from the original on 23 April 2018. Retrieved 31 October 2015.
  79. ^ "Honduras's Constitution of 1982 with Amendments through 2012" (PDF). Archived (PDF) from the original on 22 November 2015. Retrieved 31 October 2015.
  80. ^ "Madagascar's Constitution of 2010" (PDF). Constitute Project. Archived (PDF) from the original on 7 December 2017. Retrieved 31 October 2015.
  81. ^ "Peru's Constitution of 1993 with Amendments through 2009" (PDF). Constitute Project. Archived (PDF) from the original on 22 November 2015. Retrieved 31 October 2015.
  82. ^ "Archived copy". Archived from the original on 21 December 2021. Retrieved 21 December 2021.{{cite web}}: CS1 maint: archived copy as title (link)
  83. ^ "Philippines's Constitution of 1987" (PDF). Constitute Project. Archived (PDF) from the original on 23 November 2015. Retrieved 31 October 2015.
  84. ^ "Slovakia's Constitution of 1992 with Amendments through 2014" (PDF). Constitute Project. Archived (PDF) from the original on 22 November 2015. Retrieved 31 October 2015.
  85. ^ "Penal Code of Solomon Islands" (PDF). Archived from the original (PDF) on 9 February 2018. Retrieved 30 January 2019.
  86. ^ "Eighth Amendment of the Constitution Act, 1983". Irish Statute Book. p. Schedule, Part II. Archived from the original on 2 March 2018. Retrieved 8 March 2018.
  87. ^ "Unborn 'does not have' inherent constitutional rights". RTÉ.ie. 7 March 2018. Archived from the original on 28 May 2018. Retrieved 8 March 2018.
  88. ^ de Freytas-Tamura, Kimiko (26 May 2018). "Ireland Votes to Legalize Abortion in Blow to Catholic Conservatism". The New York Times. ISSN 0362-4331. Archived from the original on 26 May 2018. Retrieved 26 May 2018.
  89. ^ "Thirty-sixth Amendment of the Constitution Bill 2018". Houses of the Oireachtas. Archived from the original on 9 March 2018. Retrieved 9 March 2018.
  90. ^ Jessica M. Boudreaux; John W. Thompson Jr (1 June 2015). "Maternal-Fetal Rights and Substance Abuse: Gestation Without Representation". Journal of the American Academy of Psychiatry and the Law. 43. Archived from the original on 9 June 2016. Retrieved 8 November 2015.
  91. ^ a b Paul Benjamin Linton (2011). "The Legal Status of the Unborn Child Under State Law" (PDF). St. Thomas Journal of Law & Public Policy. Thomas More Society. Archived (PDF) from the original on 22 November 2015. Retrieved 6 November 2015.
  92. ^ Congress of the United States of America. (25 March 2004). Unborn Victims of Violence Act of 2004 Archived 12 March 2017 at the Wayback Machine. H.R.1997. Retrieved 31 July 2006.
  93. ^ "The Bush Administration's Plan for Fetal Care Archived 11 April 2008 at the Wayback Machine." (7 February 2002). On Point. Retrieved 31 July 2006.
  94. ^ Kuang Yanping. "A Comparative Study on the Mainland, Macao, and Hong Kong's Civil Remedy of Fetus's Interests". Journal of China Women's University. Gender Study Network. Archived from the original on 22 November 2015. Retrieved 6 November 2015.
  95. ^ "Japanese Civil Code in English". Craftsman, LPC. Archived from the original on 22 November 2015. Retrieved 8 November 2015.
  96. ^ "The Civil Code of the Philippines". Chan Robles Virtual Law Library. Archived from the original on 4 November 2015. Retrieved 6 November 2015.
  97. ^ "Spain Civil Code (approved by Royal Decree of 24 July 1889)". WIPO. Archived from the original on 22 November 2015. Retrieved 8 November 2015.
  98. ^ Jamal J. Nasir, ed. (1990). The Islamic Law of Personal Status. Brill Archive. p. 284. ISBN 1-85333-280-1.
  99. ^ "Bhutan Constitution" (PDF). Archived from the original (PDF) on 5 September 2014. Retrieved 14 October 2014.
  100. ^ "Jedynka - polskieradio.pl". Jedynka - Polskie Radio (in Polish). Retrieved 2 January 2024.
  101. ^ "Nowy pomysł. Zakażą im picia alkoholu?". Fakt24.pl (in Polish). 5 June 2018. Retrieved 2 January 2024.
  102. ^ "Wyborcza.pl". wyborcza.pl. Retrieved 2 January 2024.
  103. ^ Rosenburg, J. (2004). Low Birth Weight Is Linked to Timing of Prenatal Care and Other Maternal Factors Archived 6 March 2015 at the Wayback Machine. International Family Planning Perspectives, 30 (2). Retrieved 31 July 2006.
  104. ^ "Some Legislators Want To Ban Pregnant Women From Smoking". (14 June 2006). The Hometown Channel. Retrieved 31 July 2006. [dead link‍]
  105. ^ a b c d e Center for Reproductive Rights. (September 2000). Punishing Women for Their Behavior During Pregnancy: An Approach That Undermines Women's Health and Children's Interests Archived 1 September 2006 at the Wayback Machine. Retrieved 31 July 2006.
  106. ^ Jyotsna Singh, India probes baby body parts find Archived 18 December 2008 at the Wayback Machine, BBS News, 23 July 2007. Retrieved 15 August 2008.
  107. ^ China Makes Sex-Selective Abortions a Crime". Reproductive Health Matters. 13 (25): 203. 2005
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