Search results for "Wrongful life"
showing 4 items of 4 documents
Is it wrong to deliberately conceive or give birth to a child with mental retardation?
2002
This paper discusses the issues of deciding to have a child with mental retardation, and of terminating a pregnancy when the future child is known to have the same disability. I discuss these problems by criticizing a utilitarian argument, namely, that one should act in a way that results in less suffering and less limited opportunity in the world. My argument is that future parents ought to assume a strong responsibility towards the well-being of their prospective children when they decide to reproduce. The moral point in cases in which our acts affect the well-being of future children should be expressed strictly in terms of parents' culpability. Future children thus do not have current m…
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 …