Reproductive rights: foetal rights or female freedoms?

Tahnee De Souza, Henry Kha

Research output: Contribution to journalArticlepeer-review

Abstract

The article explores the tension between foetal rights and the gestational mother's rights, particularly the emergence of foetal rights cases in the laws of Australia, the United Kingdom and the United States, the legal philosophical tensions in the maternal–foetal relationship, and the moral dilemmas of foetal rights. The interests of the unborn child are raised in cases involving court-ordered caesarean sections and the legal personhood of the foetus. It is argued that the relevant factors to take into account in resolving the conundrum between the survivorship of the foetus and the gestational mother include determining the sentient status of the foetus and the degree of harm inflicted on the woman to rescue the foetus.
Original languageEnglish
Pages (from-to)1142-1153
Number of pages12
JournalJournal of Law and Medicine
Volume28
Issue number4
Publication statusPublished - 2021

Keywords

  • reproductive rights
  • foetal rights
  • women's rights
  • legal personhood
  • Julian Savulescu
  • Ronald Dworkin

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