LEGAL MEANS FOR PROTECTION OF PREGNANT WOMAN AND HER PRIVATE LIFE FROM THE PERSPECTIVE OF HEALTH LAW, CRIMINAL LAW AND ECHR CASE LAW

Rodica Diana Apan and Camelia Reghini

FIAT IUSTITIA, 2017, vol. 11, issue 2, 19-38

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.

Keywords: pregnant woman; legal means of protection; prenatal genetic testing; abortion; persons with disabilities (search for similar items in EconPapers)
JEL-codes: K14 K15 K38 (search for similar items in EconPapers)
Date: 2017
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Persistent link: https://EconPapers.repec.org/RePEc:dcu:journl:v:11:y:2017:i:2:p:19-38

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