Fetal protection
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Fetal rights are the
moral rights Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. The moral rights include the right of attribution, the right to have a work ...
or
legal rights Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', ''fundamental'' and ...
of the human
fetus A fetus or foetus (; plural fetuses, feti, foetuses, or foeti) is the unborn offspring that develops from an animal embryo. Following embryonic development the fetal stage of development takes place. In human prenatal development, fetal dev ...
under
natural Nature, in the broadest sense, is the physical world or universe. "Nature" can refer to the phenomena of the physical world, and also to life in general. The study of nature is a large, if not the only, part of science. Although humans are ...
and civil law. The term ''fetal rights'' came into wide usage after '' Roe v. Wade'', the 1973
landmark case Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly ...
that legalized
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pre ...
in the United States. The concept of fetal rights has evolved to include the issues of maternal substance use disorders, including alcohol use disorder and
opioid use disorder Opioid use disorder (OUD) is a substance use disorder characterized by cravings for opioids, continued use despite physical and/or psychological deterioration, increased tolerance with use, and withdrawal symptoms after discontinuing opioids. O ...
. Most international human rights charters "clearly reject claims that human rights should attach from conception or any time before birth." While international
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
instruments lack a universal inclusion of the fetus as a person for the purposes of human rights, the fetus is granted various rights in the
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
s and civil codes of several countries.


History

In antiquity, the fetus was sometimes protected by restrictions on abortion. Some versions of the Hippocratic Oath indirectly protected the fetus by prohibiting abortifacients. Until approximately the mid-19th century, philosophical views on the fetus were influenced in part by Aristotelian concept of delayed hominization. According to it, human fetuses only gradually acquire their souls, and in the early stages of pregnancy the fetus is not fully human. Relying on examinations of miscarried fetuses, Aristotle believed that male fetuses acquire their basic form at around day 40, and female ones at day 90. For
Pythagoreans Pythagoreanism originated in the 6th century BC, based on and around the teachings and beliefs held by Pythagoras and his followers, the Pythagoreans. Pythagoras established the first Pythagorean community in the ancient Greek colony of Kroton, ...
, however, fetal life was co-equal in moral worth with adult human life from the moment of conception; similar views were held by Stoics. Ancient Athenian law did not recognise fetal right to life before the ritual acknowledgement of the child. The law, however, allowed for the postponement of the execution of sentenced pregnant women until a baby was delivered. Several Hindu texts on ethics and righteousness, such as ''
Dharmaśāstra ''Dharmaśāstra'' ( sa, धर्मशास्त्र) is a genre of Sanskrit texts on law and conduct, and refers to the treatises ( śāstras) on dharma. Unlike Dharmasūtra which are based upon Vedas, these texts are mainly based on ...
'', give fetus a right to life from conception, although in practice such texts are not always followed. The property law of the
Roman Empire The Roman Empire ( la, Imperium Romanum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post- Republican period of ancient Rome. As a polity, it included large territorial holdings around the Mediter ...
granted fetus inheritance rights. As long as the fetus was conceived before the
testator A testator () is a person who has written and executed a last will and testament that is in effect at the time of their death. It is any "person who makes a will."Gordon Brown, ''Administration of Wills, Trusts, and Estates'', 3d ed. (2003), p. 556 ...
's death (usually, the father) and then born alive, their inheritance rights were equal to those born before the testator's death. Even though under
Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Ju ...
the fetus was not a legal subject, it was a potential person whose property rights were protected after birth. Roman jurist
Ulpian Ulpian (; la, Gnaeus Domitius Annius Ulpianus; c. 170223? 228?) was a Roman jurist born in Tyre. He was considered one of the great legal authorities of his time and was one of the five jurists upon whom decisions were to be based according to ...
noted that "in the
Law of the Twelve Tables The Laws of the Twelve Tables was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws.Crawford, M.H. 'Twelve Tables' in Simon Hornblowe ...
he who was in the womb is admitted to the legitimate succession, if he has been born". Another jurist
Julius Paulus Prudentissimus Julius Paulus ( el, Ἰούλιος Παῦλος; fl. 2nd century and 3rd century AD), often simply referred to as Paul in English, was one of the most influential and distinguished Roman jurists. He was also a praetorian prefect under the Roma ...
similarly noted, that "the ancients provided for the free unborn child in such a way that they preserved for it all legal rights intact until the time of birth". The inheritance rights of the fetus were means of fulfilling the testator's will. The interests of the fetus could be protected by a
custodian Custodian may refer to: Occupations * Janitor, a person who cleans and maintains buildings * Goalkeeper, in association football * Fullback, in rugby, also called a sweeper * Legal guardian or conservator, who may be called a custodian in some ...
, usually a male relative, but in some cases a woman herself could be appointed the custodian. The Digest granted the fetus
consanguinity Consanguinity ("blood relation", from Latin '' consanguinitas'') is the characteristic of having a kinship with another person (being descended from a common ancestor). Many jurisdictions have laws prohibiting people who are related by blood fr ...
rights, vesting the protection of fetal interests in the
praetor Praetor ( , ), also pretor, was the title granted by the government of Ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected '' magistratus'' (magistrate), assigned to discharge vari ...
. The Digest also prohibited the execution of pregnant women until delivery. The Roman law also envisaged that if a slave mother had been free for any period between the time of the conception and childbirth, the child would be regarded as born free. Although the mother might have become slave again before the childbirth, it was considered that the unborn should not be prejudiced by the mother's misfortune. At the same time, Greek and Roman sources do not mention issues of alcohol consumption by pregnant women. On that basis it is believed that Greeks and Romans were not aware of the fetal alcohol syndrome. After the spread of Christianity, an issue emerged: whether it was permissible for a pregnant woman to be baptised before childbirth, due to uncertainty as to whether the fetus would be cobaptised with its mother. The
Synod of Neo-Caesarea The Synod of Neo-Caesarea was a church synod held in Neocaesarea, Pontus, shortly after the Synod of Ancyra, probably about 314 or 315 (although Hefele inclines to put it somewhat later). Its principal work was the adoption of fifteen disciplinar ...
decided that the baptism of a pregnant woman in any stage of gestation did not include the fetus. In the Middle Ages, fetal rights were closely associated with the concept of
ensoulment In religion and philosophy, ensoulment is the moment at which a human or other being gains a soul. Some belief systems maintain that a soul is newly created within a developing child and others, especially in religions that believe in reincarnation ...
. In some cases the fetus could also inherit or be in the
order of succession An order of succession or right of succession is the line of individuals necessitated to hold a high office when it becomes vacated such as head of state or an honour such as a title of nobility.natural person In jurisprudence, a natural person (also physical person in some Commonwealth countries, or natural entity) is a person (in legal meaning, i.e., one who has its own legal personality) that is an individual human being, distinguished from the br ...
and could inherit alongside blood descendants and slaves. Byzantine Emperor
Michael VIII Palaiologos Michael VIII Palaiologos or Palaeologus ( el, Μιχαὴλ Δούκας Ἄγγελος Κομνηνὸς Παλαιολόγος, Mikhaēl Doukas Angelos Komnēnos Palaiologos; 1224 – 11 December 1282) reigned as the co-emperor of the Empire ...
allowed soldiers to transfer their pronoiai to their unborn children. The unborn royals were increasingly granted the right to succession. In 1284, King of Scotland Alexander III designated his future unborn children as heirs presumptive by the
act of parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
to avoid potential squabbles among loyal descendants of his lineage. The 1315
entail In English common law, fee tail or entail is a form of trust established by deed or settlement which restricts the sale or inheritance of an estate in real property and prevents the property from being sold, devised by will, or otherwise alien ...
of Scottish king
Robert the Bruce Robert I (11 July 1274 – 7 June 1329), popularly known as Robert the Bruce (Scottish Gaelic: ''Raibeart an Bruis''), was King of Scots from 1306 to his death in 1329. One of the most renowned warriors of his generation, Robert eventual ...
allowed the unborn collateral individuals to be in line for the throne beyond his brother Edward and daughter
Marjorie Bruce Marjorie Bruce or Marjorie de Brus (c. 12961316 or 1317) was the eldest daughter of Robert the Bruce, King of Scots, and the only child born of his first marriage with Isabella of Mar. Marjorie's marriage to Walter, High Steward of Scotland, ga ...
. After the death of
Albert II of Germany Albert the Magnanimous KG, elected King of the Romans as Albert II (10 August 139727 October 1439) was king of the Holy Roman Empire and a member of the House of Habsburg. By inheritance he became Albert V, Duke of Austria. Through his wife (''j ...
in 1439, his then-unborn son
Ladislaus the Posthumous Ladislaus the Posthumous( hu, Utószülött László; hr, Ladislav Posmrtni; cs, Ladislav Pohrobek; german: link=no, Ladislaus Postumus; 22 February 144023 November 1457) was Duke of Austria and King of Hungary, Croatia and Bohemia. He was the ...
inherited his father's sovereign rights. In 1536, the British Parliament gave the unborn children of Henry VIII and
Jane Seymour Jane Seymour (c. 150824 October 1537) was Queen of England as the third wife of King Henry VIII of England from their marriage on 30 May 1536 until her death the next year. She became queen following the execution of Henry's second wife, Anne ...
precedence in the line of royal succession. The medieval distinction between the ensouled and the unensouled fetus was removed after Pope
Pius IX Pope Pius IX ( it, Pio IX, ''Pio Nono''; born Giovanni Maria Mastai Ferretti; 13 May 1792 – 7 February 1878) was head of the Catholic Church from 1846 to 1878, the longest verified papal reign. He was notable for convoking the First Vatican ...
decreed in 1854 that the ensoulment of
Virgin Mary Mary; arc, ܡܪܝܡ, translit=Mariam; ar, مريم, translit=Maryam; grc, Μαρία, translit=María; la, Maria; cop, Ⲙⲁⲣⲓⲁ, translit=Maria was a first-century Jewish woman of Nazareth, the wife of Joseph and the mother of ...
occurred at conception. In 1751, a pamphlet "The Petition of the Unborn Babes to the Censors of the Royal College of Physicians of London" by physician
Frank Nicholls Frank Nicholls (1699 – 7 January 1778) was a physician. He was elected a Fellow of the Royal Society in 1728. He was made reader of anatomy at Oxford University when young and moved to London in the 1730s. Life The second son of John Nicholl ...
was published, advocating fetal right to life and protection. The pamphlet anticipated many of the arguments of the 21st century's pro-life movement. In 1762, English jurist and judge
William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family ...
wrote that an "infant in its mother's womb" could benefit from a legacy and receive an estate as if it were actually bom. The fetus was thus considered a person for purposes of inheritance. Similarly to the Roman law, the Napoleonic Code envisaged that if a woman becomes a widow, a male guardian should be appointed for her unborn child. In the 20th century and particularly after World War II fetal rights issues continued to develop. In 1948, the
Declaration of Geneva The Declaration of Geneva was adopted by the General Assembly of the World Medical Association at Geneva in 1948, amended in 1968, 1983, 1994, editorially revised in 2005 and 2006 and amended in 2017. It is a declaration of a physician's dedicati ...
was adopted which prior to amendments in 1983 and 2005, advised physicians to "maintain the utmost respect for human life from the time of its conception". In 1967, ''
American Bar Association Journal The ''ABA Journal'' (since 1984, formerly ''American Bar Association Journal'', 1915–1983, evolved from '' Annual Bulletin'', 1908–1914) is a monthly legal trade magazine and the flagship publication of the American Bar Association. It is no ...
'' noted "the modern trend of legal decisions that grant every property and personal right to the unborn child, including the right to life itself, from conception on". In 1975, while interpreting the right to life under the
Basic Law of Germany The Basic Law for the Federal Republic of Germany (german: Grundgesetz für die Bundesrepublik Deutschland) is the constitution of the Germany, Federal Republic of Germany. The West German Constitution was approved in Bonn on 8 May 1949 an ...
, the
Federal Constitutional Court The Federal Constitutional Court (german: link=no, Bundesverfassungsgericht ; abbreviated: ) is the supreme constitutional court for the Federal Republic of Germany, established by the constitution or Basic Law () of Germany. Since its in ...
opined that "life in the sense of historical existence of a human individual" exists "at least from the 14th day after conception ( nidation,
individuation The principle of individuation, or ', describes the manner in which a thing is identified as distinct from other things. The concept appears in numerous fields and is encountered in works of Leibniz, Carl Gustav Jung, Gunther Anders, Gilbert Sim ...
)" and thus everyone's right to life under the Basic Law of Germany includes the unborn as human beings. The 1980s witnessed the reappearance of fetal protection in the workplace, aimed at guarding fetal health in potentially hazardous working conditions. In 1983, Ireland was one of the first countries in the world to constitutionalize a fetal right to life by passing the Eighth Amendment to the Constitution, later repealed in September 2018.


Modern regulations

The only modern international treaty specifically tackling the fetal rights is the
American Convention on Human Rights The American Convention on Human Rights, also known as the Pact of San José, is an international human rights instrument. It was adopted by many countries in the Western Hemisphere in San José, Costa Rica, on 22 November 1969. It came into for ...
which envisages the fetal right to life from the moment of conception. The convention was ratified by twenty five countries of the
Americas The Americas, which are sometimes collectively called America, are a landmass comprising the totality of North and South America. The Americas make up most of the land in Earth's Western Hemisphere and comprise the New World. Along with th ...
(two countries later denounced the convention leading the current number of ratifiers to be twenty three ) in 1973–1993. Mexico ratified the convention with the reservation that the expression "in general" concerning the fetal right to life does not constitute an obligation and that this matter falls within the domain of the states. While the convention may be interpreted to permit domestic abortion laws in exceptional circumstances, it effectively declares the fetus a person. However, only a minority of state ratifiers completely prohibit abortion without allowing for an exception when the pregnant woman's life is in danger (
Dominican Republic The Dominican Republic ( ; es, República Dominicana, ) is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean region. It occupies the eastern five-eighths of the island, which it shares with ...
, El Salvador and
Nicaragua Nicaragua (; ), officially the Republic of Nicaragua (), is the largest country in Central America, bordered by Honduras to the north, the Caribbean to the east, Costa Rica to the south, and the Pacific Ocean to the west. Managua is the countr ...
). Based on the 1959
Declaration of the Rights of the Child The Declaration of the Rights of the Child, sometimes known as the Geneva Declaration of the Rights of the Child, is an international document promoting child rights, drafted by Eglantyne Jebb and adopted by the League of Nations in 1924, and adop ...
, preambular paragraph 9 of the
Convention on the Rights of the Child The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Co ...
(CRC) states that "the child... needs... appropriate legal protection before as well as after birth", but due to ambiguity the legal protection of the fetus conflicts with the rights of a pregnant girl under the same Convention. Such conflict is sometimes called maternal-fetal conflict. Under CRC, the rights of a pregnant girl are interpreted as superseding those of her fetus. The states retain the power to decide for themselves what prenatal legal protection they would adopt under CRC. A proposal to grant fetus the right to life from conception was put forward by Belgium, Brazil, El Salvador, Mexico and Morocco during drafting of the
International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, fr ...
(ICCPR), but it was rejected in favor of less stringent wording. At the same time, ICCPR prohibits the execution of pregnant women. The World Medical Association Declaration on Therapeutic Abortion notes that "circumstances bringing the interests of a mother into conflict with the interests of her unborn child create a dilemma and raise the question as to whether or not the pregnancy should be deliberately terminated". The Dublin Declaration on Maternal Health, signed in 2012, prioritizes fetal right to life by noting that "there is a fundamental difference between abortion, and necessary medical treatments that are carried out to save the life of the mother, even if such treatment results in the loss of life of her unborn child". Several organizations, such as
World Health Organization The World Health Organization (WHO) is a specialized agency of the United Nations responsible for international public health. The WHO Constitution states its main objective as "the attainment by all peoples of the highest possible level of ...
(WHO) and
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
prioritize women's
reproductive rights Reproductive rights are legal rights and freedoms relating to reproduction and reproductive health that vary amongst countries around the world. The World Health Organization defines reproductive rights as follows: Reproductive rights rest o ...
over fetal rights. Under
European law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
, a fetus is generally regarded as an
in utero ''In Utero'' is the third and final studio album by American rock band Nirvana. It was released on September 21, 1993, by DGC Records. After breaking into the mainstream with their second album, ''Nevermind'' (1991), Nirvana hired Steve Albin ...
part of the mother and thus its rights are held by the mother. The
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
opined that the right to life does not extend to fetuses under
Article 2 of the European Convention on Human Rights Article 2 of the European Convention on Human Rights protects the right to life. The article contains a limited exception for the cases of lawful executions and sets out strictly controlled circumstances in which the deprivation of life may be j ...
(ECHR). In '' H. v. Norway'', the
European Commission The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body ...
did not exclude that "in certain circumstances" the fetus may enjoy "a certain protection under Article 2, first sentence". Two European Union member states (Hungary and Slovakia) grant the fetus the
constitutional right A constitutional right can be a prerogative or a duty, a power or a restraint of power, recognized and established by a sovereign state or union of states. Constitutional rights may be expressly stipulated in a national constitution, or they may ...
to life. The Constitution of Norway grants the unborn royal children the right of succession to the throne. In
English common law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, be ...
, fetus is granted inheritance rights under the born alive rule.
Islamic law Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the ...
grants the fetus the right to life particularly after
ensoulment In religion and philosophy, ensoulment is the moment at which a human or other being gains a soul. Some belief systems maintain that a soul is newly created within a developing child and others, especially in religions that believe in reincarnation ...
, which according to various Islamic jurists happens after 40–42 days or four months after conception (some
Shiite Shīʿa Islam or Shīʿīsm is the second-largest branch of Islam. It holds that the Islamic prophet Muhammad designated ʿAlī ibn Abī Ṭālib as his successor (''khalīfa'') and the Imam (spiritual and political leader) after him, most ...
jurists believe the ensoulment occurs after 11 to 14 days, during the implantation of the
fertilized egg A zygote (, ) is a eukaryotic cell formed by a fertilization event between two gametes. The zygote's genome is a combination of the DNA in each gamete, and contains all of the genetic information of a new individual organism. In multicellula ...
in the uterine wall). Both the Sunni and Shiite jurists accord the fetus inheritance rights under two conditions: if a man dies and a pregnant wife survives him, the fetal right to inherit is secure and the inheritance cannot be disposed of before the fetus' share is set aside. Under the second condition, if a woman aborts the fetus at any stage and ignores any vital signs, the fetus is entitled to the inheritance of any legitimate legator who dies after its conception. The legal debate on fetal rights sometimes invokes the notion of
fetal viability Fetal viability is the ability of a human fetus to survive outside the uterus. Medical viability is generally considered to be between 23 and 24 weeks gestational age. Viability depends upon factors such as birth weight, gestational age, and the av ...
. Its primary determinant is fetal
lung capacity Lung volumes and lung capacities refer to the volume of air in the lungs at different phases of the respiratory cycle. The average total lung capacity of an adult human male is about 6 litres of air. Tidal breathing is normal, resting breathin ...
which typically develops at twenty-three to twenty-four weeks. The twenty-three weeks is usually regarded as the lower bound of fetal viability because technology has been unable to surpass the limit set by lung development. It was nonetheless stated that technology has made it possible to regard the fetus as a
patient A patient is any recipient of health care services that are performed by healthcare professionals. The patient is most often ill or injured and in need of treatment by a physician, nurse, optometrist, dentist, veterinarian, or other hea ...
independent of the mother. In '' Winnipeg Child and Family Services v. G.'', the judges argued that "technologies like real-time
ultrasound Ultrasound is sound waves with frequencies higher than the upper audible limit of human hearing. Ultrasound is not different from "normal" (audible) sound in its physical properties, except that humans cannot hear it. This limit varies ...
, fetal heart monitors and foetoscopy can clearly show us that the fetus is alive" and thus the born alive rule is "outdated and indefensible". The creation of human embryos for all research purposes is prohibited by the
Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine The Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine, otherwise known as the European Convention on Bioethics or the European Bioethics Convention, is an internatio ...
. However, similarly to the abortion debate, in the normative debate on embryo research two views can be distinguished: a "fetalist" view focusing on the moral value of the embryo, and a "feminist" view advocating the interests of women, particularly candidate
oocyte An oocyte (, ), oöcyte, or ovocyte is a female gametocyte or germ cell involved in reproduction. In other words, it is an immature ovum, or egg cell. An oocyte is produced in a female fetus in the ovary during female gametogenesis. The femal ...
donors.


Fetal rights by country

The
Eighth Amendment of the Constitution of Ireland The Eighth Amendment of the Constitution Act 1983 was an amendment to the Constitution of Ireland which inserted a subsection recognising the equal right to life of the pregnant woman and the unborn. Abortion had been subject to criminal penal ...
gave "the unborn" a right to life equal to that of "the mother". In 2018, the Supreme Court ruled that the fetus' only inherent constitutionally protected right is the right to be born, overturning a High Court ruling that a fetus additionally possessed the
children's rights Children's rights are a subset of human rights with particular attention to the rights of special protection and care afforded to minors.
guaranteed by Article 42A of the Constitution. On 25 May 2018, a
referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
was passed which amended the Constitution by the substitution of the former provision recognising the right to life of the unborn, with one permitting the Oireachtas, the Irish Parliament, to legislate for the termination of pregnancies. This amendment took effect when it was signed into law by the
President of Ireland The president of Ireland ( ga, Uachtarán na hÉireann) is the head of state of Ireland and the supreme commander of the Irish Defence Forces. The president holds office for seven years, and can be elected for a maximum of two terms.Constitu ...
on 18 September 2018, and
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pre ...
was governed by the
Protection of Life During Pregnancy Act 2013 The Protection of Life During Pregnancy Act 2013 ( Act No.35 of 2013; previously Bill No.66 of 2013) was an Act of the Oireachtas which, until 2018, defined the circumstances and processes within which abortion in Ireland could be legally perfor ...
until it was replaced and repealed by the
Health (Regulation of Termination of Pregnancy) Act 2018 The Health (Regulation of Termination of Pregnancy) Act 2018 ( Act No. 31 of 2018; previously Bill No. 105 of 2018) is an Act of the Oireachtas (Irish parliament) which defines the circumstances and processes within which abortion may be legally ...
, which took effect on 1 January 2019. In the United States, , thirty-eight states provide certain level of criminal protection for the unborn, and twenty-three of these states have laws that protect the fetus from conception until birth. All US states–by statute, court rule or case law–permit a guardian ad litem to represent the interests of the unborn. In 1999, the Unborn Victims of Violence Act was introduced into
United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
which defines violent assault committed against pregnant women as being a
crime In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...
against two victims: the woman and the fetus she carries.Congress of the United States of America. (25 March 2004).
Unborn Victims of Violence Act of 2004
.'' H.R.1997. Retrieved 31 July 2006.
This law was passed in 2004 after the murder of
Laci Peterson The ''lac'' repressor (LacI) is a DNA-binding protein that inhibits the expression of genes coding for proteins involved in the metabolism of lactose in bacteria. These genes are repressed when lactose is not available to the cell, ensuring that ...
and the fetus she was carrying. In 2002, U.S.
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
George W. Bush announced a plan to ensure health care coverage for fetuses under the State Children's Health Insurance Program (SCHIP).The Bush Administration's Plan for Fetal Care
." (7 February 2002). ''On Point.'' Retrieved 31 July 2006.
The civil codes of several countries, such as China (including Hong Kong and Macau) and Russia, as well as some US states, grant fetus inheritance rights, usually under the born alive rule. In the civil code of Iran, fetus can inherit in case of abortion that took place due to a crime, as long as the fetus was alive even for a second after birth. Under the civil code of Japan, for the purposes of inheritance the fetus is deemed to have already been born. The civil codes of the Philippines and Spain envisage that donations to the unborn children can be made and accepted by "persons who would legally represent them if they were already born". The same is allowed by the
Maliki The ( ar, مَالِكِي) school is one of the four major schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas in the 8th century. The Maliki school of jurisprudence relies on the Quran and hadiths as primary ...
s. Alongside Norway, the
Constitution of Bhutan The Constitution of Bhutan (Dzongkha: འབྲུག་གི་རྩ་ཁྲིམས་ཆེན་མོ་; Wylie:'' 'Druk-gi cha-thrims-chen-mo'') was enacted 18 July 2008 by the Royal Government of Bhutan. The Constitution was thoroughl ...
grants the unborn royal children the right to succession, but only if there is no male heir.


Behavioral intervention

Various initiatives, prompted by concern for the ill effects which might be posed to the health or development of a fetus, seek to restrict or discourage women from engaging in certain behaviors while pregnant. Also, in some countries, laws have been passed to restrict the practice of abortion based upon the gender of the fetus. *Many jurisdictions actively warn against the consumption of alcoholic beverages by pregnant women, recommending a maximum intake or total abstinence, due to its association with fetal alcohol syndrome. Countries that encourage those who are pregnant to avoid alcohol either entirely or partially include Australia,
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
,
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan area ...
,
Iceland Iceland ( is, Ísland; ) is a Nordic island country in the North Atlantic Ocean and in the Arctic Ocean. Iceland is the most sparsely populated country in Europe. Iceland's capital and largest city is Reykjavík, which (along with its s ...
,
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
,
the Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...
,
Norway Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and the ...
,
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
,
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , i ...
, the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
, and the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
. *Many national and international agencies recommend dietary guidelines for pregnant women due to the health risks posed by the consumption of
fish Fish are aquatic, craniate, gill-bearing animals that lack limbs with digits. Included in this definition are the living hagfish, lampreys, and cartilaginous and bony fish as well as various extinct related groups. Approximately 95% of ...
contaminated with methylmercury through industrial
pollution Pollution is the introduction of contaminants into the natural environment that cause adverse change. Pollution can take the form of any substance (solid, liquid, or gas) or energy (such as radioactivity, heat, sound, or light). Pollutants, the ...
. Studies have linked exposure to various levels of methylmercury in utero to neurological disorders in children. *The use of
tobacco Tobacco is the common name of several plants in the genus '' Nicotiana'' of the family Solanaceae, and the general term for any product prepared from the cured leaves of these plants. More than 70 species of tobacco are known, but the ...
products or exposure to
secondhand smoke Passive smoking is the inhalation of tobacco smoke, called secondhand smoke (SHS), or environmental tobacco smoke (ETS), by persons other than the intended "active" smoker. It occurs when tobacco smoke enters an environment, causing its inhalat ...
during pregnancy has been linked to low birth weight.
Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
Mike Huckabee of
Arkansas Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the O ...
, citing studies which attribute 10% of infant deaths to tobacco-smoking mothers, considered adopting a smoking ban for pregnant women in 2006 with the aim of reducing infant mortality."Some Legislators Want To Ban Pregnant Women From Smoking"
(14 June 2006). ''The Hometown Channel.'' Retrieved 31 July 2006.
*No
U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...
has enacted a law which criminalizes specific behavior during pregnancy, but, nonetheless, it has been estimated that at least 200 American women have been criminally prosecuted or arrested under existing child abuse statutes for allegedly bringing about harm in-utero through their conduct during pregnancy.
Center for Reproductive Rights The Center for Reproductive Rights (CRR) is a global legal advocacy organization that seeks to advance reproductive rights, such as abortion. The organization's stated mission is to "use the law to advance reproductive freedom as a fundamental huma ...
. (September 2000)
Punishing Women for Their Behavior During Pregnancy: An Approach That Undermines Women’s Health and Children’s Interests
. Retrieved 31 July 2006.
Reasons for pressing charges included use of illicit substances, consumption of alcohol, and failure to comply with a doctor's order of bedrest or caesarean section. Drug addicts have been accused of "supplying drugs to a minor" through unintentional chemical subjection via the
umbilical cord In placental mammals, the umbilical cord (also called the navel string, birth cord or ''funiculus umbilicalis'') is a conduit between the developing embryo or fetus and the placenta. During prenatal development, the umbilical cord is physiologi ...
. Others have been charged with assault with a deadly weapon with the "deadly weapon" in question being an illegal drug.
Minnesota Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
,
Wisconsin Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake M ...
and
South Dakota South Dakota (; Sioux: , ) is a U.S. state in the North Central region of the United States. It is also part of the Great Plains. South Dakota is named after the Lakota and Dakota Sioux Native American tribes, who comprise a large porti ...
allow women who continue to use substances while pregnant to be civilly committed. Some states require that medical providers report any infant who is born with a physical dependency, or who tests positive for residual traces of alcohol or drugs, to
child welfare Child protection is the safeguarding of children from violence, exploitation, abuse, and neglect. Article 19 of the UN Convention on the Rights of the Child provides for the protection of children in and out of the home. One of the ways to ...
authorities. *Cultural preferences for male children in some parts of
Asia Asia (, ) is one of the world's most notable geographical regions, which is either considered a continent in its own right or a subcontinent of Eurasia, which shares the continental landmass of Afro-Eurasia with Africa. Asia covers an are ...
, such as
Mainland China "Mainland China" is a geopolitical term defined as the territory governed by the People's Republic of China (including islands like Hainan or Chongming), excluding dependent territories of the PRC, and other territories within Greater China. ...
,
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
,
South Korea South Korea, officially the Republic of Korea (ROK), is a country in East Asia, constituting the southern part of the Korean Peninsula and sharing a land border with North Korea. Its western border is formed by the Yellow Sea, while its eas ...
, and
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...
, have sometimes led to
sex-selective abortion Sex-selective abortion is the practice of terminating a pregnancy based upon the predicted sex of the infant. The selective abortion of female fetuses is most common where male children are valued over female children, especially in parts of Eas ...
of female fetuses, leading to the disparity between male-to-female
birth rate The birth rate for a given period is the total number of live human births per 1,000 population divided by the length of the period in years. The number of live births is normally taken from a universal registration system for births; populati ...
s which is observed in some places. It is a crime in all these jurisdictions to procure an abortion for the purposes of sex selection.China Makes Sex-Selective Abortions a Crime". Reproductive Health Matters. 13 (25): 203. 2005


See also


Notes


References

{{Portal bar, Politics, Switzerland Abortion law Alcohol and health Family law Abortion debate Anti-abortion movement Human rights by issue Personhood Substance-related disorders