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Historically, Indonesia's death penalty does not originate from religious doctrine but a series of democratization processes agreed upon in the legislation. Amidst these processes, two competing opinions respond to Indonesia's death penalty: the retentionist and the abolitionist. These different approaches to address the death penalty, whether imposed or abolished, result in competing perspectives and arguments in regulatory and practical issues both in the national and international arena. This study aimed to revisit the death penalty discourse in Indonesia that opposes the human approach by assuming that the death penalty violates human rights. The data were analyzed in three steps, among other things, unitization, comparison, and conclusion. This study showed that the death penalty remains relevant to Indonesia despite the long struggle of its rejection. It concluded that Indonesia's imposition of the death penalty is regarded as worth defending, with specific and selective applications. The specific application means that the death penalty is applicable for corruptors, drug dealers, terrorists, gross human rights violators, and premeditated murders. Selective application means that a convict sentenced to death must be proven in court with a level of accuracy considered and accepted in law.

What does the Chilean Constitution say about euthanasia? When we read the Chilean Constitution we cannot find the word "euthanasia" in the text, and there is no such thing as a right to die, therefore the answer should apparently be that the Constitution does not say anything about euthanasia and, in short, euthanasia is not allowed. However, on a second reading we can find out some statements from which we can infer another answer. My aim is to show that there is room for the acceptance of euthanasia in the Chilean Constitution, and in other similar Constitutions and international regulations in which freedom of conscience is granted. [ABSTRACT FROM AUTHOR]

International migration puts people's sexual and reproductive health (SRH), particularly those of women and children, at increased risk. However, many international migrants are denied access to timely and adequate SRH information, goods, and services by governments and/or service providers. This article reviews relevant international human rights treaties to argue that the barriers faced by migrants in accessing SRH care constitute violations of international law. It is well established that migrants are guaranteed access to SRH care as a part of their right to health, as well as the rights enjoyed by vulnerable populations. Increasingly, hindrance of migrants' access to SRH care is also recognized as a threat to their rights to life and equality with non-migrants. The case of Toussaint v Canada illustrates how governments may be held accountable by human rights treaty monitoring bodies when they fail to respect and fulfill migrants' right to SRH care. [ABSTRACT FROM AUTHOR]

As stated in the European Convention on Human Rights Preamble, the aim of the Council of Europe is the achievement of greater unity between its members through the maintenance and realisation of Human Rights and Fundamental Freedoms. Nowadays, the European Union includes the majority of the ECHR signatories (27 of 47) and incorporates the key legal instrument of judicial cooperation in criminal matters, namely the European Arrest Warrant Framework Decision. Nevertheless, the possible effects of the EAWFD on the practice of the European Court of Human Rights remain understudied - despite the crucial need to properly balance the enforcement of the principle of mutual recognition and Human Rights protection in the European Union. Since the first attempts to approach the EAWFD, the Strasbourg Court preferred to find the applications inadmissible (Pianese, Monedero Angora, Stapleton) or to establish a very high threshold for establishing a Convention violation within this context (Pirozzi). It will be argued that the newly developing Strasbourg Court's case-law on the EAWFD (Castano, Bivolaru/Moldovan, Alosa) could potentially mark a new step in the judicial dialogue between two European Courts. In the Castano and Bivolaru/Moldovan rulings, the ECtHR - for the first time - found that the EU Member States had breached their obligations under Arts. 2 ('right to life') and 3 ('prohibition of torture') ECHR within the European Arrest Warrant context (murder/trafficking in human beings charges). At the same time, this interpretation opens the floor for discussion on potential applicability of other Convention provisions (Arts. 4, 5, 8, 13) to other offences listed in Art. 2(2) of the EAWFD (such as, for instance, corruption, fraud, computer-related crime etc.). Even though the Strasbourg Court has transposed the CJEU's benchmarks of the EAW refusals legality assessment - i.e. a risk of inhuman or degrading treatment in the requesting State (Aranyosi/Căldăraru), the EU Member States' courts are now forced - de facto - to consider an additional (ECHR-based) criterion for assessing the legality of refusals to execute the European Arrest Warrants. This can arguably pose further questions upon the entry into force of Protocol No. 15 ECHR which aims at the most effective realisation of the 'subsidiarity' principle in the European Convention system. [ABSTRACT FROM AUTHOR]

The balance between state powers and rights of citizens is a symbol of democracy, however we often see that the liberty of a person and the security of the country are at loggerheads and this fight is put before the Apex Court for Constitutional Adjudication. Inequality in India, specifically in terms of wealth, opportunities and access is increasing on a regular basis. One of the tools used by the state to combat this is Digital India, where tech and internet is used as a tool to improve and supplement government efforts in reducing this inequality. The private sector has also participated, benefited from and created benefits due to this ongoing digital revolution. However, for those that are left out of this revolution, existing inequalities are exacerbated and there is a risk of them being denied the benefits of digitization and internet access. Access to the internet affects the lived realities of individuals and communities in multiple ways, across themes such as education, economic development, political participation, health, social discourse and many more. With this context, it becomes important to question whether a specific right to internet can exist, and if it does, where it would be placed within human rights jurisprudence and the Indian constitutional structure. This paper seeks to answer this questions and suggest a pathway for taking this discussion forward. I have attempted to define the landscape around this in India, by looking at the current status of internet access, government schemes for the same, the effects of deprivation of internet access, judicial decisions which can provide a suggested pathway for looking at this question and mapping the scenario for the right to internet access from an international perspective. I have looked at court cases, research papers, studies and legislation to suggest a framework for the right to internet access as a human right within the Indian constitution, how such a right can be defined, and how this would affect the role of the state in this issue. [ABSTRACT FROM AUTHOR]

This article analyzes the doctrine of the Spanish constitutional court on the rights of prisoners. In four decades, the constitutional court has issued a large number of judgments in this area, in matters related to the right to life, privacy, freedom of expression, education, judicial protection, secrecy of communications or the right to work of the prisoners. The impact of the COVID-19 pandemic in prisons during 2020 and 2021 is also addressed. [ABSTRACT FROM AUTHOR]

This article offers a critical reading of the Limbu Case that took place in 2009 in Hong Kong. The Limbu Case was about an ethnic Nepalese named Dil Bahadur Limbu who was shot dead by a police constable on a hillside, which resulted in controversies around issues such as excessive police use of force and discretionary policing in Hong Kong. In the coroner’s inquest (court case no.: CCDI298/2009) regarding Limbu’s death, a verdict of lawful killing was reached by a jury of five. In other words, the killing was defined as a permissible killing. Drawing attention to the process of questioning “reasonableness” of the killing, I attempt to shed light on the ambiguities of the coronial system in Hong Kong which results in a missed opportunity to prevent future deaths. In other words, this article uncovers how the state is unable to live up to its promise to protect people's right to life.

A basic human right - the right to life, even today faces numerous questions when it comes to its scope. One of those questions is the issue of the right to abortion, which is the subject of numerous controversies among lawyers, philosophers, medical workers, theologists, as well as among citizens in the broadest sense. Debates that exist in various scientific disciplines indicate the complexity of these issues that needs to be legally regulated at the domestic and international level. For that reason, it is necessary to follow and study the judgments of international bodies that have been passed in connection with this issue. As the most developed system of Human Rights protection has been established within the European Convention on Human Rights, and at the same time the most relevant for our country, in this paper the author studies the current practice of the European Court of Human Rights related to the right to abortion. It is evident, from the case law presented in this paper that the Court had a very delicate and difficult task to balance between diametrically opposing rights and interests of various interested parties. The Court's judgments show a consensus only regarding the question of the existence of the right to abortion in cases where the right to life and health of women is endangered. Opponents of abortion claim that in this case, it is not the right to abortion, but the right to life of a woman and that only then an abortion is allowed and justified to be performed, as well as that it is a conclusion that can be deduced from the Court's case law. However, the author of this paper believes that even though the practice of the court is quite neutral, it still tends more towards granting the right to safe abortion.

Positive obligations are obligations of the Member States of the European Convention for the Protection of Human Rights and Fundamental Freedoms to take active steps to protect the rights guaranteed by this Convention. When it comes to the protection of the right to life, as one of the basic human rights, the case of McCann and Others v. the United Kingdom set a precedent and established new obligations for States party to the Convention when it comes to planning and conducting law enforcement operations. The manner in which these obligations were established, their scope and content, as well as the comments from jurisprudence and practitioners on this innovative judgment, are the subject of the analysis of this paper.

As stated in the European Convention on Hu- man Rights Preamble, the aim of the Council of Europe is the achievement of greater unity between its members through the maintenance and realisation of Human Rights and Fundamental Freedoms . Nowadays, the European Union includes the majority of the ECHR signatories (27 of 47) and incorporates the key legal instrument of judicial cooperation in criminal matters, namely the European Arrest Warrant Framework Decision . Nevertheless, the possible effects of the EAWFD on the practice of the European Court of Human Rights remain understudied – despite the crucial need to properly balance the enforcement of the principle of mutual recognition and Human Rights protection in the European Union. Since the first attempts to approach the EAWFD, the Strasbourg Court preferred to find the applications inadmissible (Pianese, Monedero Angora, Stapleton) or to establish a very high threshold for establishing a Convention violation within this context (Pirozzi). It will be argued that the newly developing Strasbourg Court’s case-law on the EAWFD (Castano, Bivolaru/Moldovan, Alosa) could potentially mark a new step in the judicial dialogue be- tween two European Courts. In the Castano and Bivolaru/ Moldovan rulings, the ECtHR – for the first time – found that the EU Member States had breached their obligations under Arts . 2 ( ́right to life ́) and 3 ( ́prohibition of torture ́) ECHR within the European Arrest Warrant context (murder/traffick- ing in human beings charges). At the same time, this interpre- tation opens the floor for discussion on potential applicability of other Convention provisions (Arts . 4, 5, 8, 13) to other offences listed in Art . 2(2) of the EAWFD (such as, for instance, corruption, fraud, computer-related crime etc .). Even though the Strasbourg Court has transposed the CJEU’s benchmarks of the EAW refusals legality assessment – i .e . a risk of inhuman or degrading treatment in the requesting State (Aranyosi/Căldăra­ ru), the EU Member States ́ courts are now forced – de facto – to consider an additional (ECHR-based) criterion for assessing the legality of refusals to execute the European Arrest Warrants. This can arguably pose further questions upon the entry into force of Protocol No. 15 ECHR which aims at the most effective realisation of the ́subsidiarity ́ principle in the European Convention system.

A citizens' initiative was launched in 2016 in the Swiss canton of Basel-Stadt, demanding that the rights catalogue in the Cantonal Constitution be complemented by a fundamental right to life and a right to bodily and mental integrity for non-human primates. This initiative became the subject of a three-year legal dispute that ended with a decision of the Swiss Federal Supreme Court in September 2020, ruling that the initiative is legally valid and must be put to the people for a vote. This case note discusses the key developments in the dispute, including the groundbreaking decision by the Constitutional Court of Basel-Stadt, which held that cantons are free to 'expand the circle of rights holders beyond the anthropological barrier'. The authors, who were involved in the drafting of the initiative and acted as legal advisers in the judicial proceedings, offer first-hand insights into legal strategies and shed light on the importance of the case in the context of the ongoing efforts to secure rights for primates around the world. [ABSTRACT FROM AUTHOR]

This paper analyses the shortcomings of European suicide prevention policy in places of detention, a topic that has been neglected in the European legal literature. Four interrelated characteristics of the suicide prevention policies developed by the European Court of Human Rights (ECtHR) are responsible for the failures of these policies. First, the risk-based approach relies on individual risk calculations by national detention authorities to the detriment of environmental factors and a holistic approach. Second, there is an unacknowledged tension in the jurisprudence of the ECtHR between the right to life of detainees and the right to life of potential victims of terrorism and other serious crimes. Third, the jurisprudence on state liability, with its individual risk-based approach, has been translated into highly restrictive death avoidance national practices, which infringe human dignity and reinforce detainees' willingness to commit suicide. Finally, the right to life does not effectively limit the inherent punitiveness of suicide prevention policies. [ABSTRACT FROM AUTHOR]

The pandemic has exacerbated a wide range of medical, economic, and social factors that have affected people's lives and health. A systematic approach to the study of these factors in Ukraine involves statistical and expert analysis in the field of health and socio-economic consequences of the pandemic. The article analyzes the state and problems of public health in Ukraine. An assessment of the state of medical services and a self-assessment of the state of health of the population are given. Based on a statistical analysis of the data, it is shown that measures to combat COVID-19 have led to increased inequality, increased poverty, loss of jobs in large numbers, widening the gap between rich and poor, between urban and rural residents, between metropolitan and small towns. Analyzed data from opinion polls in Ukraine indicate the attitude of the population to measures to overcome the effects of the pandemic. Analysis of the socio-economic aspects of the pandemic is the basis for decision-making to overcome its consequences. [ABSTRACT FROM AUTHOR]

Camilla Pickles' Pregnancy Law in South Africa: Between Reproductive Autonomy and Foetal Interests (Pregnancy Law) aims at providing a less adversarial angle related to the pregnant woman and the unborn within her by moving away from viewing the pregnant woman as a single entity (including the unborn within her) as well as from viewing the pregnant woman and the unborn within her as two separate entities of distinctive value and with separate needs. This applies to four categories addressed by Pregnancy Law, namely foetal personhood, violence against pregnant women that terminates pregnancies, substance abuse during pregnancy, and the termination of pregnancy especially in the South African context. Pregnancy Law positions its argument on a relational model that emphasises the context of pregnancy as signifying a connection between the pregnant woman (with rights) and the unborn (with interests) inside her, the unborn being entirely dependent on the pregnant woman's body. This, in turn, is blended with what is referred to as a not-one/not-two approach. Bearing this in mind, Pregnancy Law claims to provide a compromise, a middle ground and a third approach regarding what is perceived to be the extremes of the single-entity and separate-entities approaches. Bearing this in mind, this article critically appraises Pregnancy Law's claims as alluded to above with a specific focus on the status of the unborn against the background of abortion (which in turn has implications for matters related to foetal personhood, violence against pregnant women that terminates pregnancies, and substance abuse during pregnancy). [ABSTRACT FROM AUTHOR]

Abortion has been an important subject for pontifical teaching since the early days of the Church, and has always been condemned, while the right to life of every person, including those in the womb, has been stressed from the moment of conception. In this article, interventions on abortion and the right to life by contemporary Roman pontiffs, from Pius XI to Pope Francis, are presented. [ABSTRACT FROM AUTHOR]

This paper explores the practice of pushback operations in the Mediterranean Sea in the last decade, observing it both through the prism of states’ security interests and through their obligations under human rights law. Analysis of the content of some of the basic human rights – in particular the right to life, the prohibition of refoulement and the prohibition of collective expulsions – and their applicability in the context of pushback operations reveals that it is virtually impossible to reconcile pushbacks as a means of safeguarding states’ borders and states’ human rights obligations. It seems that the Mediterranean states and the European Union have come full circle – from the Italian pushback programme in 2009, through the condemnation of the practice by the European Court of Human Rights in the landmark decision of Hirsi Jamaa v. Italy and the subsequent replacement of the practice of pushbacks with the practice of pullbacks, to renewed systemic hot returns. A viable solution at the European Union level needs to be found or otherwise the states which are on the front line of migratory flows will continue to prioritise their own security interests over their human rights obligations. [ABSTRACT FROM AUTHOR]

The urgency of the research is conditioned by the actual status of the governmental and legal reality of Ukraine which is in conditions of the armed conflict seventh year in a row resulting in the need to ensure both state sovereignty and guarantee and protection of human rights. In this regard, the article is aimed at studying the interaction of international human rights law and international humanitarian law, as well as their implementation in the legislation of Ukraine in conditions of an armed conflict. Scientific methods of research of the declared problems are the system method by means of which the international human rights law and the international humanitarian law are considered as two systems of more difficult complex - the international law. Using the structural-functional method, the structure and mechanisms of functional interaction of these systems on the legal regulation in the field of human rights in specific conditions are studied. The article analyzes the legal basis of international human rights law and international humanitarian law, as well as their possible simultaneous application in the context of the armed conflict in eastern Ukraine. Emphasis is placed on the need to ensure compliance with the principles of international humanitarian law and to bring to justice those guilty of violating the rules of the IHRL and IHL. The research results can be used in the educational process and further research. [ABSTRACT FROM AUTHOR]

The article is devoted to the coverage of general theoretical and practical aspects of the protection of the right of a person to health care in the European Court of Human Rights. The substantive and essential correlation of the main elements of protection of the individual's right to health care in the European Court of Human Rights is analysed. Based on the analysis of the norms of international law, the main elements of protection of a person's right to health care have been identified in the European Court of Human Rights. In this study used the formal-logical method, method of analysis, methods of synthesis, generalization, induction, deduction. Analysed the mechanism of the right to health in the European system of human rights. The practical significance of the study of the case law of the ECtHR is that the question of its application is a certain legal guideline for all law enforcement agencies - judges, lawyers, prosecutors, law enforcement officers and other participants. [ABSTRACT FROM AUTHOR]

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The right to life of a person is a fundamental human right, being the most important protected social value, which determines, on the one hand, a drastic sanction of those who commit crimes that harm it, but also the generation of effects only in in the field of criminal law, but also in other branches of law. Even if the crime of killing at the request of the victim falls into the category of crimes against life, it still has certain elements of differentiation from the crime of murder or aggravated murder, but like them, it produces effects in the field of inheritance law, through the implications institution of indignity, taking into account the immediate consequence and the subjective side. The main objective of this research is related to the need to present the effects of the crime of killing at the request of the victim on the indignity of law, especially from the perspective of multiple issues that may be defended in practice, including the finding of a judicial error. The article analyzes the particularities of killing at the request of the victim, but also its implications on the indignity of the law, taking into account the importance of respecting the right to life, but also of a correct application of legal norms. [ABSTRACT FROM AUTHOR]

Copyright of Jurídicas CUC is the property of Corporacion Universidad de la Costa, CUC and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The right to life is the first right to liberty and security of person, and its enjoyment is a requisite for the enjoyment of other rights. The imposition of the death penalty may involve the violation of a number of internationally guaranteed human rights. These include the right to not being arbitrarily deprived of life, and a number of specific procedural and other rights that must be respected in any case in which the death penalty is imposed. The imposition of the death penalty may also violate other rights, such as the right to not being subjected to cruel, inhuman or degrading treatment or punishment, the right to a fair trial, just equality and non-discrimination, and freedom of thought. There are a number of national and international acts that protect the right to life. Government has a positive obligation to protect people's lives within its jurisdiction, the duty to protect people from the risk of harm from actions of public authorities. Government must protect people's lives in terms of health care, dangerous activities and incidents on ship boards or in construction sites. It should increase public safety and minimize road accidents. [ABSTRACT FROM AUTHOR]

Copyright of Lex Medicinae: Revista Portuguesa de Direito da Saúde is the property of Centro de Direito Biomedico and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The in vitro fertilization procedure involves rigorous knowledge of the category of human rights which concerns, in particular, the right to life and health of the child and women. The protection of human life and dignity are part of the primary obligations of any rule of law, and this protection includes prenatal life, respectively the protection of the rights of the unborn child. Both European norms and national criminal legal provisions ensure the existence and observance of a functional legal framework to protect in case of need the rights of the fetus, the in vitro fertilization procedure being especially likely to give rise to legal situations involving the knowledge and observance of all the rights associated with the human being. [ABSTRACT FROM AUTHOR]

Copyright of Cuestiones Políticas is the property of Revista Cuestiones Politicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The presiding judge’s order is that special procedure that we have to observe in cases where the prompt action of justice is needed, being, therefore, a very useful proceeding means, that might be used, in practice, by people for whom the passing of time necessary for following all the bureaucratic procedures and observing all the proceeding discipline of common law is vital, this because their life is subject to a real and imminent risk. We are referring, specifically, to those patients with incurable diseases, oncological, for whom the appropriate efficient medical treatments are extremely expensive and who, beyond the difficult fight with the disease, must fight the ”system”, from which they do not get favorable, rapid responses as they were supposed to, so to not come to a tragic ending. Within this analysis context, we are interested in following the manner in which the courts invested with presiding judge’s order exercised in circumstances like this, have assessed the fulfilment of the special conditions of admissibility for this procedural tool.

The assassination of Martyr Qassem Soleimani, by order of the President of the United States, raised the issue of the legality of the assassination in terms of international law and the US domestic legal system in legal circles. The Israeli and US governments have coined the concept of "Targeted Killing" with the pretext of combating terrorism and have assassinated those who they believed to be terrorists and in fact opposed them. In this article, through a comparative study, the institution of targeted killing is examined from the standpoint of international law and US domestic law. In US domestic law, assassination is prohibited by Executive Order 12333. In the recent two decades, targeted killings of al-Qaeda and Taliban members have been carried out under specific congressional rules, and the assassination of General Soleimani has not been authorized by Congress to use force against Iran. Furthermore, owing to the fact that General Soleimani was one of the military commanders of the Iranian government and there is no armed conflict between the governments of Iran and the United States, this targeted assassination is contrary to international law, including international human rights law and international humanitarian law.

In the interpretation of the European Court of Human Rights, the observance of the right to life provided by Article 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, requires states to comply with several positive substantive, and procedural obligations. In the case Aftanache v. Romania, the European Court of Human Rights examined, in the context of medical care, the state's compliance with the procedural obligation to conduct an independent, adequate, prompt, thorough, and effective investigation into allegations of medical negligence, so that those responsible to be held accountable and victims to be compensated. The Court considered that national authorities failed to carry out a proper investigation into the incident analysed in this case and found a violation of Article 2 of the Convention.

Introduction to The Problem: Life is the greatest gift human beings receive. Man can achieve any task with life, and without it, man can do nothing. Thus, attempts by the State to punish human beings with the death penalty for wrongdoing are reaping the pros and cons. It is clear the stance of Western human rights activists opposed to the death penalty. What is interesting is that, although Islamic law supports it, many educated Muslims have objected to the death penalty.Purpose/Objective Study: The purpose of this research is to analyze and respond to the arguments used by Indonesian Muslim human rights activists, especially those integrated into human rights organizations, which are anti-death penalty. It is hoped that these reviews and responses will contain more definite opinions that can provide enlightenment for all.Design/Methodology/Approach: This research used a descriptive, analytical approach. Therefore, it employed secondary data and normative methods combined to case and statute approach in studying, analyzing, and responding to the arguments of anti-death penalty human rights activists among Indonesian Muslims. Their cases are to be brought forward, investigated, and then returned one by one.Findings: The research found that the human rights ideology propagated by western human rights activists is influencing Indonesian Muslim activists. They have the same point that the death penalty degrades humanity and violates human rights. In the meantime, Islamic law defends the death penalty for providing justice to the victims and the wider community, and for preserving life.

The paper analyzes the findings of the Human Rights Committee in the case of Ioane Teitiota v. New Zealand. The procedure was conducted in accordance with the provisions of the International Covenant on Civil and Political Rights and the First Optional Protocol to the Covenant. The Committee considered the violation of the right to life contained in Article 6, paragraph 1, of the Covenant. The applicant argued that his return to Kiribati, his country of origin, would jeopardize his right to life. The statement considered the negative effects of environmental damage and the impact of climate change on the applicant's right to life. The basic hypothesis of the paper is to consider the Committee's statement in the light of expanding the protection of the right to life and paving the way for recognizing the impact of climate change on the basis of human migration. In the future, this could develop normative activity and practice of international bodies and states in the direction of recognizing so-called environmental refugees.

Human life begins at the moment of conception. According to science the fetus is a human being, and as such obtains the right to life and all the other human rights, from the very moment of conception. To respect these rights, it is crucial to prepare parents for their parenthood in mental, physical and financial aspects, both in their private life and in medical field. The vital aspects in perinatal care are: proper pregnant women care, access to professional examination, three-level prenatal care system as well as promoting healthy nutrition and life style. In case of perinatal diagnosis indicating a fetal disease, an attempt can be made to treat an ill child during pregnancy and to plan the child’s delivery in a highly – specialized medical centre, where the newborn can obtain appropriate help just after birth. If, however, the modern medicine is not able to help, the child’s parents should be well prepared for the bad ending of the pregnancy, including the baby’s death. According to current Polish law the woman (the mother) or both parents – are not allowed to make a decision to terminate pregnancy in case of congenital defect causing impairment or incurable disease in a child. Due to that fact, the parents’, especially mother’s acceptance of continuation of the pregnancy after negative prenatal diagnosis seems to be of vital importance. Child care is a basic test of human attitude towards one another. The right to life is the basic human right. It is not an issue of a worldview or a religious law, as some public opinion may claim. Helping parents in accepting continuation of the pregnancy in case of fetal defect involves professional medical as well as psychological, psychotherapeutic, pedagogical and spiritual help.

Camilla Pickles’ Pregnancy Law in South Africa. Between Reproductive Autonomy and Foetal Interests (Pregnancy Law) aims at providing a less adversarial angle related to the pregnant woman and the unborn within her, by moving away from the pregnant woman as a single entity (including the unborn within her) as well as from viewing the pregnant woman and the unborn within her as two separate entities of distinctive value and separate needs. This applies to four categories addressed by Pregnancy Law, namely foetal personhood, violence against pregnant women that terminates pregnancies, substance abuse during pregnancy, and termination of pregnancy for especially the South African context. Pregnancy Law positions its argument on a relational model that emphasises the context of pregnancy as signifying a connection between the pregnant woman (with rights) and the unborn (with interests) inside of her, the unborn being fully dependent on the pregnant woman’s body. This in turn is blended with what is referred to as a not-one/not-two approach. Bearing this in mind, Pregnancy Law claims to provide a compromise, middle ground and third approach regarding what is perceived to be the extremes of the single-entity and separate-entities approaches. Bearing this in mind, this article comprises a critical appraisal directed at Pregnancy Law’s claims as alluded to in the above with specific focus on the status of the unborn against the background of abortion (which in turn has implications for matters related to foetal personhood, violence against pregnant women that terminates pregnancies and substance abuse during pregnancy).

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Copyright of Acta Humana - Human Rights Publication is the property of National University of Public Service and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)