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Abstract: Purpose: The purpose of this investigation is to contribute to better understanding of the scope of positive obligations in safeguarding specific rights related to reproduction. The first aim of the research is to determine the States’ obligations in respect of an abortion surviving child. These obligations arise from the right to life and the prohibition on inhuman treatment. The second aim is to determine the effects of temporal constraints to reproductive choice on the Conventional rights of a pregnant woman. This refers to the right to privacy. Design/Methods/Approach: Spelled objectives are mostly achieved through the case-law study method. Also, we have used a method of comparison – between exclusive and inclusive theoretical approaches to the issue. We have approached to the topic from the utilitarian positions. The scope of this research is limited only to the margins of the mother-foetal conflict. Findings: The main findings could be summarized as follows: the States’ positive obligations require providing medical care to the surviving child. Simultaneously, the temporal constraints to accessing the negative aspect of reproductive choice require the States to provide timely information to a woman. Thus, she can decide about terminating her pregnancy. Originality/Value: The conclusions may contribute to domestic thought, which mostly relies on defect utilitarian calculations when discussing the issues. The judicial bodies may benefit from this research since it highlights which measures should be imposed upon a handling practitioner. The medical stuff is provided with guidance on how to face a situation when it is overlooked in legislation.
Keywords: reproductive choice, temporal constraints, right to life, blameworthy, private life
Published in DKUM: 17.04.2020; Views: 521; Downloads: 16
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