Wrongful Birth and Wrongful Life cases from a Human Rights Perspective
Abstract:
This article, from a human rights perspective, explores ethical and philosophical problems related to wrongful life and wrongful birth actions. It defines the nature of such actions and possible claims on behalf of children, as well as those of their parents. In the following chapters, the admissibility of those actions is assessed from the ethical and philosophical point of view. In particular, whether it is morally acceptable to rule in favor of the claimants and issue of “to be or not to be” is discussed from legal perspective. The topic is explored from human rights perspective and the decisions of European Court of Human Rights regarding the right to life and right to private life are analysed.
Moreover, the article analyses the “balance test” (test of proportionality) as both, scholars and case law, consider such actions as conflict between two rights. Thus, article examines the ways of balancing and resolving the conflict between those conflicting rights.
Keywords:
Fetus, Disability, Proportionality
