Academic literature on the topic 'Prenatal legal protection'
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Journal articles on the topic "Prenatal legal protection":
1
Coveney, Fiona Broughton. "Does Ireland Measure Up?" International Journal of Children’s Rights 26, no. 4 (November 24, 2018): 626–63. http://dx.doi.org/10.1163/15718182-02604001.
Abstract:
This article examines protection rights under the United Nations Convention on the Rights of the Child 1989 (crc) and assesses the extent to which such protection rights are afforded to prenatal children in Ireland in the context of prenatal exposure to alcohol. It follows on from the article, “Overstepping the Mark?” (Broughton, 2016: 687–717) in which the author demonstrates the possibilities for the application of the crc to prenatal children. Within the context of protection rights under the crc, this article examines Irish law and policy on protecting children from prenatal alcohol exposure, through the lenses of both child protection and public policy. The central thesis of the article is that although Irish law has the potential to offer prenatal children crc protection rights from this type of harm, legal interpretation has hindered this potential and legal clarity is now necessary to bolster policy and practice, in the best interest of children.
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АХТЯМОВА, Евгения Викторовна, Эльвира Махаматовна АЛСЫНБАЕВА, and Альбина Алмазовна МАСАЛИМОВА. "Problems of legal regulation of the protection of genetic information obtained by methods of preimplantation and prenatal genetic diagnosis, In the Russian Federation." Rule-of-law state: theory and practice 18, no. 3(69) (October 20, 2022): 20–26. http://dx.doi.org/10.33184/pravgos-2022.3.3.
Abstract:
In the context of the active development of the areas defined by the Concept of Predictive, Preventive and Personalized Medicine, genodiagnostics, applied at the stage of family planning, is of particular importance. The introduction of preimplantation and prenatal genodiagnostics poses not only ethical but also legal problems. Of particular importance are the problems of protecting genetic information obtained using these methods from unauthorized use, which actualizes the need to improve the current regulatory framework for determining and specifying the conditions for carrying out such genodiagnostics. Purpose: to identify actual legal problems arising from the use of genetic information obtained by methods of preimplantation and prenatal genetic diagnosis, to determine the best ways of their solution as well as the main directions of further technological development and improvement of national legislation in the field of genetic diagnosis. Methods: the authors apply empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; specific scientific methods: legal-dogmatic and interpretation of legal norms. Results: the analysis of the current legislation regulating preimplantation and prenatal genetic diagnosis in the Russian Federation reveals a number of pressing legal problems arising from the use of genetic information obtained in diagnostics. It is established that the current legislation does not take into account the specifics of genetic information and cannot provide effective protection against its illegal use in genetic diagnostics. General directions of improving national legislation in order to overcome problems related to the observance of human rights in the use of methods of preimplantation and prenatal genetic diagnostics are outlined.
3
Dorscheidt, Jozef. "Developments in Legal and Medical Practice Regarding the Unborn Child and the Need to Expand Prenatal Legal Protection." European Journal of Health Law 17, no. 5 (2010): 433–54. http://dx.doi.org/10.1163/157180910x529976.
Abstract:
AbstractDevelopments in legal and medical practice in the Netherlands give rise to questions regarding the legal position of the unborn child. This article provides an overview of these developments and argues — in view of developments in other countries — that current Dutch legislation regarding the unborn child is not up to date. In effect, the article challenges the idea that the actual legal protection of the unborn child under positive Dutch law can be considered proportionate, even sufficient. To support this view the author will show that abortion is not the only matter in which clarity as to the legal protection of the viable unborn child is required. This signalisation provides good cause to reconsider the Dutch perspective on the matter, thus offering a point of reference to countries with a similar interpretation of what constitutes an appropriate legal protection of the unborn child.
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Klajn-Tatic, Vesna. "Current problems regarding abortion, prenatal genetic testing and managing pregnancy." Stanovnistvo 49, no. 1 (2011): 33–52. http://dx.doi.org/10.2298/stnv1101033k.
Abstract:
Current ethical and legal issues with regard to abortion, prenatal genetic testing and managing pregnancy are discussed in this paper. These problems are considered from the legal theory point of view as well as from the standpoint of the Serbian Law, the European Convention for the Protection of Human Rights and Fundamental Freedoms, European Court of Human Rights, legal regulations of several EU countries, the USA, Japan, and their judicial practice. First, the pregnancy termination standards that exist in Serbia are introduced. Then the following issues are explained separately: the pro life and pro choice approaches to abortion; abortion according to the legal approach as a way of survival; the moral and legal status of the fetus; prenatal genetic testing, and finally matters regarding managing pregnancy today. Moral and legal principals of autonomy, namely freedom of choice of the individual, privacy and self-determination give women the right to terminate unwanted pregnancies. In addition, the basic question is whether the right of the woman to abortion clashes with the rights of others. Firstly, with the right of the "fetus to life". Secondly, with the right of the state to intervene in the interest of protecting "the life of the fetus". Third, with the rights of the woman?s partner. The fetus has the moral right to life, but less in relation to the same right of the woman as well as in relation to her right to control her life and her physical and moral integrity. On the other hand, the value of the life of the fetus increases morally and legally with the maturity of gestation; from the third trimester, the interest of the state prevails in the protection of the "life of the fetus" except when the life or health of the pregnant woman are at risk. As regards the rights of the woman?s partner, namely the husband?s opinion, there is no legal significance. The law does not request his participation in the decision on abortion because the decision is exclusively brought by the pregnant woman. Critics of prenatal genetic testing claim that the woman?s autonomous choice is seriously prejudiced, as the women are pressured first with genetic testing and then with abortion, if the test is positive. However, there are views that many parents are left to bring their decisions in a vacuum because the physicians do not discuss all possible available options with them out of fear that they will be perceived as orders. Genetic counseling has an aim to facilitate informed reproductive decisions. Rigid application of policies on non-directive genetic counseling make pregnant women and families unaware of the nature and consequences of the genetic state which could affect the future child. If the real goal is an informed choice then it is the obligation of the physician-specialist to inform the parents with the facts and familiarize them with the true state. Managing pregnancies today medicalizes and pathologizes all pregnancies, and not only the risky ones. Since these techniques are becoming a routine part of medicalized pregnancy managing, pregnant women find it difficult to resist undertaking such technologies or to refuse them. Thus the question on how much these technologies offer sensible choices is imposed. Generally speaking, it is stated that women are becoming observers rather than active participants in giving birth to a new life. Attempts of legal control over a pregnant woman for the protection of "the life of the fetus" violate the woman?s human rights in democratic societies.
5
Lapaeva, Valentina V. "Preimplantation and prenatal genetic diagnostics in Russian Federation: ethical and legal issues." RUDN Journal of Law 25, no. 1 (December 15, 2021): 179–97. http://dx.doi.org/10.22363/2313-2337-2021-25-1-179-197.
Abstract:
The topicality of the article is due to the strategy of transition to personalized medicine in Russia, based, among other things, on technologies of preimplantation and prenatal genetic diagnostics. The purpose of the article is to analyze the main directions of ethical and legal support for the development of these technologies. The work is based on the study of relevant international regulations, foreign and Russian legislation using the methods of legal-dogmatic and philosophical-legal analysis. The article substantiates the need for a clearer distinction between legal and moral-religious approaches to regulating relations in applying these technologies. The task is to find legal structures that can take into account the moral aspects of the problem without replacing legal regulation with an appeal to moral and religious values and norms. An example of this approach is the development of a legal regime for manipulations with embryo in vitro, in which the necessary legal protection of the embryo is provided by recognizing its special ontological status as a constitutional value of the common good. From these positions, the author identifies a range of issues that should form the organizational and legal context necessary to ensure adequate guarantees of human rights in the field of application of the considered genetic technologies. The legal regulation of this range of issues should be fixed in a special federal law on genetic testing.
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Solomon, Renee I. "Future Fear: Prenatal Duties Imposed By Private Parties." American Journal of Law & Medicine 17, no. 4 (1991): 411–34. http://dx.doi.org/10.1017/s0098858800006559.
Abstract:
AbstractThe national abortion debate, rising drug use and homelessness, and the return to conservatism intersect in the trend which increasingly recognizes fetal rights, often at the expense of women's rights. Pregnant women, as never before, are faced with criminal charges and physical invasions in the name of protection of fetuses. This Note examines the sociological forces creating these situations and suggests better solutions. The Note cautions against the future fear that private parties will claim a legal right to interfere with a pregnant woman's behavior, and illustrates the need to prevent it.
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Schroeder-Kurth, Traute. "Präimplantationsdiagnostik in Deutschland – ganz oder gar nicht!" Zeitschrift für medizinische Ethik 46, no. 2 (April 19, 2000): 123–36. http://dx.doi.org/10.30965/29498570-04602006.
Abstract:
Through the statement of the Bioethics Commission of the State Rheinland-Pfalz (EK-RhPf) and the draft guidelines for the use of PGD of the Federal Medical Association (REP-BÄK) the debate about PGD in Germany is clearly headed towards an introduction of the technique. Both papers fail to deal adequately with some of the most important medical facts as well as legal and ethical aspects: embryo destruction in the course of diagnostic procedures or necessary research; the initiation of a trial pregnancy conditional on the results of prenatal diagnosis – a practice which contradicts the aims usually stated in favour of PGD; diagnostic indications intended to restrict the use of the technique are impractical in the light of previous experience with prenatal diagnosis. The REPBÄK tries to squeeze PGD techniques, procedures and aims into the existing guidelines for IVF despite profound differences. If PGD is to be introduced then these half-hearted would-be-solutions must be replaced by a clear and complete presentation of the facts as well as the moral problems and legal consequences including the abandonment of embryo protection as we know it. Society needs complete information, honest ethical discussion and legal security for a decision: PGD – yes or no!
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Landwirth, Julius. "Fetal Abuse and Neglect: An Emerging Controversy." Pediatrics 79, no. 4 (April 1, 1987): 508–14. http://dx.doi.org/10.1542/peds.79.4.508.
Abstract:
Advances in fetal medicine have expanded opportunities for protection of fetal health and intrauterine management of an increasing number of fetal disorders. The legal rights and duties of parents to provide necessary medical treatment for the child may extend to the prenatal period. Resolution of the conflict between the rights of the fetus to be born healthy and the pregnant woman's right of privacy is difficult and controversial. It is suggested that intrusion into a woman's individual fundamental rights for the potential benefit of her fetus should be permissible only in narrowly defined circumstances.
9
Ruczkowski, Piotr. "Termination of Pregnancy (Abortion) in the Light of the Jurisprudence of the Polish Constitutional Court." Przegląd Prawa Administracyjnego 6 (April 30, 2024): 193–207. http://dx.doi.org/10.17951/ppa.2023.6.193-207.
Abstract:
The purpose of this study is primarily to analyse the jurisprudence of the Polish Constitutional Tribunal regarding the compliance with constitutional norms of the conditions for the admissibility of termination of pregnancy (abortion). The Constitution of the Republic of Poland provides every person with legal protection of life. Although its provisions do not explicitly specify that it is about the legal protection of life from conception to natural death, this type of interpretation seems to be adopted by the Constitutional Tribunal, which results in subsequent judgments on the assessment of compliance with this constitutional model of the conditions for the admissibility of abortion in Poland. In its jurisprudence, the Constitutional Tribunal first drew attention to the constitutional guarantees for the protection of human life at every stage of its development, and thus questioned the admissibility of termination of pregnancy due to difficult living conditions or the difficult personal situation of a pregnant woman, as well as in the case when prenatal examinations or other medical conditions indicate a high probability of severe and irreversible impairment of the fetus or an incurable disease threatening its life. In this context, however, it is worth noting that abortion is permissible when a high probability of severe and irreversible impairment of the fetus or an incurable disease threatening its life simultaneously poses a substantial risk to the life and health of the mother. The analysis of the jurisprudence of the Constitutional Tribunal therefore allows to formulate a conclusion on the conservative and restrictive approach of this body regarding the conditions for the admissibility of abortion in Poland and the recognition of the legal protection of life as a cardinal constitutional value of the Polish legal system.
10
ten Haaf, Lisette. "Unborn and Future Children as New Legal Subjects: An Evaluation of Two Subject-Oriented Approaches—The Subject of Rights and the Subject of Interests." German Law Journal 18, no. 5 (September 1, 2017): 1091–120. http://dx.doi.org/10.1017/s2071832200022264.
Abstract:
The desire to prevent prenatal and preconceptual harm has led to a call for more legal protection for unborn and future children. This Article analyzes the way in which the Dutch legal system has responded to this call by identifying and critically scrutinizing two strategies employed in this response. First, to protect the unborn child from maternal harm, the concept of legal personality has been expanded to include the unborn child, albeit only the viable fetus. This strategy is criticized because its measures are presented as if they follow directly from the existing legal framework, whereas these measures are in fact based on several obscured assumptions and, therefore, bring to bear a new perspective on the concept of legal personality. The second strategy is applied to the future child. Instead of expanding an existing category, a new category is created to offer the future child a place within the law. The future child is addressed as the subject of legal relevant interests instead of rights. Although this strategy seems promising, it still faces difficulties when applied to the future child, which presumably has an interest in non-existence.
Dissertations / Theses on the topic "Prenatal legal protection":
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Perez, Castiglioni Monica Patricia. "Le statut juridique des cellules souches : de la greffe d’organes à la thérapie cellulaire." Electronic Thesis or Diss., Paris 8, 2021. http://www.theses.fr/2021PA080048.
Abstract:
Les cellules souches en tant que produits cellulaires à finalité thérapeutique (PCT) ou en tant que médicaments de thérapie innovante (MTI) dans le cadre de la médecine régénératrice ont révolutionné la médecine du XXIe siècle. Face aux découvertes récentes de nouvelles cellules souches créées par les chercheurs (parthénotes, cellules souches clonées, cellules iPS), d’autres possibilités de thérapie régénérative surgissent au fil du temps.Le droit, qui a toujours accompagné l’évolution scientifique et technique de la thérapie cellulaire depuis le XVIIe siècle, doit être plus que jamais présent pour protéger l’être humain qui se prête aux nouveaux traitements ou à l’expérimentation. L’évolution historique de cette révolution thérapeutique nous permet de montrer l’importance de la réflexion juridique et éthique pour le progrès scientifique. Des questionnements anciens, comme le statut de l’être prénatal et l’autorisation de cryopréservation des tissus ou des cellules autologues, ressurgissent face à la présence de cellules souches humaines embryonnaires surnuméraires et aux succès de la thérapie régénérative. Des traitements tératogènes et des épisodes de maltraitance des femmes en cours de grossesse ont détruit ou endommagé des milliers d’enfants à naître. Une reconnaissance de la vie prénatale est proposée dans certaines circonstances pour protéger l’embryon et le fœtus avant leur naissanceStem cells as cellular products for therapeutic purposes (PCT) or as advanced therapy drugs (ITNs) within the framework of regenerative medicine have revolutionized the medicine of the 21st century. Faced with recent discoveries of new stem cells created by researchers (parthenotes, cloned stem cells, iPS cells), other possibilities for regenerative therapy are emerging over time.The law, which has always accompanied the scientific and technical development of cell therapy since the 17th century, must be more present than ever to protect human beings who lend themselves to new treatments or to experimentation. The historical development of this therapeutic revolution allows us to show the importance of legal and ethical reflection for scientific progress.Old questions, such as the status of the prenatal being and the authorization for cryopreservation of autologous tissues or cells, are re-emerging in the face of the presence of supernumerary human embryonic stem cells and the success of regenerative therapy. Teratogenic treatments and episodes of child abuse during pregnancy have destroyed or damaged thousands of unborn children. Recognition of prenatal life is offered in certain circumstances to protect the embryo and fetus before birth
Books on the topic "Prenatal legal protection":
1
Buchanan, Jim. Fetal rights and fetal protection: A bibliography. Monticello, Ill., USA: Vance Bibliographies, 1991.
Book chapters on the topic "Prenatal legal protection":
1
Rich, Susan D., and Laura J. Riley. "Neurodevelopmental Disorder Associated with Prenatal Alcohol Exposure: Consumer Protection and the Industry’s Duty to Warn." In Fetal Alcohol Spectrum Disorders in Adults: Ethical and Legal Perspectives, 39–47. Cham: Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-20866-4_3.
2
Steinbock, Bonnie. "Introduction." In Life Before Birth, 3–8. Oxford University PressNew York, NY, 1992. http://dx.doi.org/10.1093/oso/9780195054941.003.0001.
Abstract:
Abstract Our thinking about embryos and fetuses has changed dramatically in recent years. Hardly a day passes without newspaper coverage of some new development regarding prenatal life. Most obvious, perhaps, is the de bate over abortion, but we have also been confronted with a host of other issues. Consider just a few. An estranged couple in Tennessee had a legal battle over control of the frozen embryos they had created while married in hopes of having a child. A Florida appeals court upheld the first conviction in the nation of a woman charged with delivering cocaine to her newborn baby through the umbilical cord. In Washington, D.C., a young woman dying of cancer was compelled by a court to undergo a cesarean section in an attempt to save her 26-week old fetus. Both the woman and her fetus died. A federal court of appeals upheld the ‘ ‘ fetal protection policy” of Johnson Controls, Inc., prohibiting women with childbearing capacity from working in high-lead-· exposure positions in its battery division. The Supreme Court reversed, declaring that fetal protection policies discriminate against women and are prohibited by the Civil Rights Act. Doctors in Colorado implanted a small amount of fetal brain tissue obtained from an abortion into the brain of a man suffering from Parkinson’s disease.
Conference papers on the topic "Prenatal legal protection":
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Gizynska, Monika. "Permissibility of Pregnancy Termination – the Legal Reality in Poland After the Ruling of Constitutional Tribunal K 1/20." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.17.
Abstract:
The article presents selected issues related to constitutional guarantees for the legal protection of a child's life in the prenatal period in the event of a collision of rights. The author analyses the problem concerning the legal status of a child in the prenatal phase of life, as well as acceptability and bounds of terminating pregnancy. The author examines the ruling of the Constitutional Tribunal in Poland of 22 October 2020 held that prenatal examinations or other medical data indicate a high probability of serious and irreversible disability of the foetus or an incurable life-threatening disease, was contrary to the Constitution of the Republic of Poland.
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Ciugureanu-Mihailuta, Carolina. "Controversies on the protection of prenatal life through the perspective of European law." In 26th International Scientific Conference “Competitiveness and Innovation in the Knowledge Economy". Academy of Economic Studies of Moldova, 2023. http://dx.doi.org/10.53486/cike2022.54.
Abstract:
The purpose of this article is to present the well-reasoned legal situation of abortion under European law in order to examine, from the point of view of the jurisprudence of the European Court of Human Rights (the Court), whether the conception product is the right-holder of the right to life enshrined in Article 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and, on this occasion, to grasp the position of the European instance on the legality of pregnancy interruption.