LEGAL BASIS OF THE PUBLIC POLICY IN THE SPHERE OF PROTECTION OF THE RIGHT TO LIFE FOR THE CHILD AT THE PRENATAL STAGE OF DEVELOPMENT

Abstract

The article is devoted to the analysis of protection of the right to life for the unborn child in international and domestic legislation and appropriate public policy. Declaration of the Rights of the Child, Recommendations of PACE, San Jose Articles, Convention on the Rights of the Child, American Convention on Human Rights, Constitutions of Ireland, Hungary, the Slovak Republic and other documents are considered in this context. The right to life is the possibility of security and privacy protection which is a natural, inseparable from the person and guaranteed by international and national legislation. This right belongs to the individual, and led the entire system of human rights. The right to life imposes on the State the duty of the state in every possible way to protect human life from any unlawful encroachment and other threats. The right of the child at the prenatal stage of life is the derivative of the natural inalienable human right to life. The level of development of modern medicine has created a number of problems associated with the implementation of the right to life and to health protection. These problems are required legal authorization. We are talking about issues such as artificial insemination, abortion, surrogacy motherhood, scientific experiments with human embryos, and other issues associated with childbirth. There is an urgent need for legislation to establish the legal status of the human embryo, and exactly from the point of view of human dignity. The destruction of a human embryo or fetus can not match the human dignity. The author takes the position that the most reasonable (with scientific, ethical, social and legal point of view) is the legal approach implemented in the legislation of a number of states (the legal acts which are discussed), is expressed in the recognition of the beginning of the action of the right to human life and the protection of this right from the moment of conception.

Authors and Affiliations

Vira Derega

Keywords

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  • EP ID EP495801
  • DOI 10.26693/pard2018.01.06
  • Views 122
  • Downloads 0

How To Cite

Vira Derega (2018). LEGAL BASIS OF THE PUBLIC POLICY IN THE SPHERE OF PROTECTION OF THE RIGHT TO LIFE FOR THE CHILD AT THE PRENATAL STAGE OF DEVELOPMENT. Публічне управління та регіональний розвиток, 1(1), 85-97. https://europub.co.uk/articles/-A-495801