Search results for "Wrongful birth"
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El derecho a la vida cuando ésta es frágil como una exigencia de justicia: la perspectiva que ofrecen las acciones de "wrongful birth" y "wrongful li…
2020
In the present work I propose to reflect on the unquestionable respect that especially vulnerable life deserves, such as that of the Nascituri who suffer from some type of disability. This respect would constitute a basic requirement of the content of justice. The reflection is made in the context of two alleged new rights to which the so-called wrongful birth and wrongful life actions originated in Anglo-Saxon jurisprudence have given rise: it is about the right not to be born (or perhaps more precisely, the right not to have been born) and the right not to be born with relevant physical or mental limitations. En el presente trabajo me propongo reflexionar acerca del incuestionable respeto…
Wrongful birth and wrongful life. Floodgate argument and the balancing of conytrasting rights in courts law making
2017
The decision analyzed affects damages forthe born child because of the impossibility for the mother to exercise the right to abortion, as the diagnosis was missing and she was not aware of the hard risk for her physical and psychological health coming from the birth of a child affected by “down syndrome”. The study starts from the distinction between: a)Wrongful birth: the personal damages suffered by pregnant women, who have not had the possibility of self-determining in the prosecution of the pregnancy in case of pathological processes of the fetus; in particular, in those cases when a disease exposes herself and her health to a severe risk (a pre-condition for abortion, according to the …