Legal Protection of the Unborn Child Cover Image

Legal Protection of the Unborn Child
Legal Protection of the Unborn Child

Author(s): Lucjan Świto
Subject(s): Christian Theology and Religion, Social Sciences, Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Sociology, Theology and Religion, Family and social welfare, Canon Law / Church Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: nasciturus; unborn child; pregnancy; fetus; right to life

Summary/Abstract: The article undertakes the issues of legal protection of the conceived child in Polish law. The analysis of Polish legislation and the Polish doctrine concerning the civil law situation of nasciturus leads to the conclusion that Polish law currently in force is contrary to the Convention on the Rights of the Child of November 20, 1989 which demands legal protection of a child both before and after birth. On the one hand, Polish law partially protects certain rights of the conceived child, and on the other — deprives it of the most fundamental rights, the right to life. Without the right to life, exercising any other rights by nasciturus is a fiction.

  • Issue Year: 2015
  • Issue No: 3
  • Page Range: 187-195
  • Page Count: 9
  • Language: English