Mijloacele juridice de protecție a femeii însărcinate și a vieții sale private; perspective din domeniul dreptului sănătății, a dreptului penal și din jurisprudența CEDO.
LEGAL MEANS FOR PROTECTION OF PREGNANT WOMAN AND HER PRIVATE LIFE FROM THE PERSPECTIVE OF HEALTH LAW, CRIMINAL LAW AND ECHR CASE LAW
Author(s): Rodica Diana Apan, Camelia ReghiniSubject(s): Law, Constitution, Jurisprudence
Published by: Facultatea de Drept Cluj Napoca, Universitatea Creştina "Dimitrie Cantemir" Bucureşti
Keywords: pregnant woman; legal means of protection; prenatal genetic testing; abortion; persons with disabilities.
Summary/Abstract: Having as background the desiderata for protection of human beings, a series of regulations which have in view pregnant women, ensure their protection through corroborated legal means from the field of health law, criminal law and European Court of Human Rightscase law. The means of protection emerging from the three sources represent the object of this study, by carrying out an analysis of each domain. Following this analysis we could ascertain that each of the three domains ensures protection at different levels which interdepend. If health law concentrates on the protection of pregnant women by stressing on the importance of women receiving adequate information so they make well-informed decision whether to terminate or not a pregnancy, the additional level of protection ensured by ECHR case law refers to the private life of the pregnant woman and her family, and then criminal law is centered on protecting life per se.
Journal: Fiat Iustitia
- Issue Year: 2/2017
- Issue No: 2
- Page Range: 19-38
- Page Count: 19
- Language: English