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

Vira Derega¹ 

[1] Institute of Public Administration,Black Sea National University of Petro Mohyla;

关键词: the right to life, embryo, unborn child, the legal status of the human embryo, the prenatal stage of human development, the constitutional and legal protection of the right to life of the unborn child;   

DOI  :  10.26693/pard2018.01.06

来源: DOAJ

【 摘 要 】

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.

【 授权许可】

Unknown