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Legal Status of Unborn Child and Need of Its Protection in the Light of Biomedical Development
Urminská, Lucie ; Frinta, Ondřej (referee)
Thesis deals with the legal status of an unborn child within current Czech legislation. In the introductory part, the author attempts to clarify the way in which today's society perceives the value of human life before birth. The author looks at the moment of when life begins from different points of view and also observes artificial interferences with the prenatal development of the child, which are the phenomenon accompanying the development in human knowledge and the use of biomedical technologies. In that context, the author analyses position of the European Court of Human Rights to the issue of the beginning of human life through its decisions. The core theme of the thesis is the analysis of the legal status of unborn child in the Czech Republic and of the protection granted by international and national legislation to the unborn child. The author particularly focuses on private law by examining the relevant provisions of the Act No. 89/2012 Coll., the Civil Code, as amended, which determine the legal status of the nasciturus. Among the crucial institutes to which attention is paid belongs legal personality, legal capacity, but also, for example, legal representation of the nasciturus. Further, the rights and the duties of the nasciturus are discussed, giving more detailed attention to the...
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Legal Status of Unborn Child and Need of Its Protection in the Light of Biomedical Development
Urminská, Lucie ; Frinta, Ondřej (referee)
Thesis deals with the legal status of an unborn child within current Czech legislation. In the introductory part, the author attempts to clarify the way in which today's society perceives the value of human life before birth. The author looks at the moment of when life begins from different points of view and also observes artificial interferences with the prenatal development of the child, which are the phenomenon accompanying the development in human knowledge and the use of biomedical technologies. In that context, the author analyses position of the European Court of Human Rights to the issue of the beginning of human life through its decisions. The core theme of the thesis is the analysis of the legal status of unborn child in the Czech Republic and of the protection granted by international and national legislation to the unborn child. The author particularly focuses on private law by examining the relevant provisions of the Act No. 89/2012 Coll., the Civil Code, as amended, which determine the legal status of the nasciturus. Among the crucial institutes to which attention is paid belongs legal personality, legal capacity, but also, for example, legal representation of the nasciturus. Further, the rights and the duties of the nasciturus are discussed, giving more detailed attention to the...
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Legal Status of Unborn Child and Need of Its Protection in the Light of Biomedical Development
Urminská, Lucie ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Thesis deals with the legal status of an unborn child within current Czech legislation. In the introductory part, the author attempts to clarify the way in which today's society perceives the value of human life before birth. The author looks at the moment of when life begins from different points of view and also observes artificial interferences with the prenatal development of the child, which are the phenomenon accompanying the development in human knowledge and the use of biomedical technologies. In that context, the author analyses position of the European Court of Human Rights to the issue of the beginning of human life through its decisions. The core theme of the thesis is the analysis of the legal status of unborn child in the Czech Republic and of the protection granted by international and national legislation to the unborn child. The author particularly focuses on private law by examining the relevant provisions of the Act No. 89/2012 Coll., the Civil Code, as amended, which determine the legal status of the nasciturus. Among the crucial institutes to which attention is paid belongs legal personality, legal capacity, but also, for example, legal representation of the nasciturus. Further, the rights and the duties of the nasciturus are discussed, giving more detailed attention to the...
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A theoretical conception of liability for harm caused by the birth of a man
Smetánková, Barbora ; Beran, Karel (advisor) ; Ondřejek, Pavel (referee)
in the English language Title: A theoretical conception of liability for harm caused by the birth of a man In many legal orders a new types of legal actions have appeared (in relation to the development of new methods of diagnosing congenital diseases). In these types of legal actions the claimant seeks damages for the negligence of the doctor in performing these tests. These claims are referred to as "wrongful birth", "wrongful conception", and "wrongful abortion". The "wrongful life" claim is most commonly used in a situation where while performing prenatal screening the doctor does not diagnose the existing congenital disease and therefore fails to give the parents an essential piece of information, which might have made the parents decide to abort the fetus. The claimant in this case is the child itself, who substantiates the claim by arguing it should have never been born. The "wrongful birth" claim arises from the same situation, but the claimants are the parents of the child. They claim damages for the emotional pain and increased expences related to giving birth and raising a disabled child. In the case of the "wrongful conception" claim, the most common reason for using this action is a negligently performed sterilization procedure. The "wrongful abortion" claim can be used in a situation...
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Right to life
DIVIŠOVÁ, Petra
My baccalaureate work deals with the issue of right of life. From the very outset of the existence of mankind the human race has been concerned with the question of right over life and death and in the 21st century the mankind has not yet managed to solve this dilemma in a satisfying way. Right of life poses a basic human right which is the pre-requisition of all other values. The objective of this work has been to find out whether it represents a truly universal right or whether there are exceptional situations in which this right is not always applicable. In my baccalaureate work I have focussed on the issue of right of life as related to an unborn child. I wondered whether an unborn child should be subject to rights and whether the public gives him or her right of the right of life. The theoretical section of my paper deals with the protection of an unborn life from the legal, medical, psychological and religious points of view. The empirical section of my paper consists in my own research in form of a public opinion survey regarding the question whether an unborn child should enjoy the same right of life as a person already born and whether the public would appreciate a more rigid protection of this human right in case of an unborn child. The research results show that an unborn child enjoys only a generally interpreted right of life. The society does not guarantee an unborn child the same right of life as in the case of a person already born. Not even the public has expressed the need of a stronger unborn life protection. According to the current public opinion, the society is not authorised to guarantee the right of life of an unborn child by legislation, it is solely and exclusively the mother who can decide about the protection and life of a conceived child. The public expects the issue of human right of life of a conceived child to be solved more on the preventive than on the repressive level. Prevention is also the priority of the appropriate state social policy. Further research in this field could focus on the issue of the impact of state social policy on the decision-making process in women as related to their unborn children.
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