Describe the legal status of the fetus in English law and under the human rights act Flashcards
1
Q
Article 12 of The Human Rights Act 1998 states that everyone has the righ
A
2
Q
What law allows the unborn child to acquire legal rights and under what scenario?
A
- The Congenital Disability (Civil Liability) Act 1967
- For the child to sue in negligence if harmed in the womb and born handicapped
- Cannot sue mother
3
Q
When does the fetus acquire any legal rights?
A
until it is capable of surviving independently from its mother
4
Q
True or false?
Article 2 of the Human Rights Act 1998, “Everyone’s right to life shall be protected by law”, applies to fetuses
A
False
5
Q
What does article 3 of The Human Rights Act 1998 state in relation to a fetus’ rights
A
the prohibition of torture
includes prolongation of life
6
Q
What does St George’s Healthcare NHS Trust Vs S (1998) state?
A
A competent pregnant woman can refuse treatment even if that refusal may result in harm to her or her unborn child
