Status nasciturusa w orzecznictwie organów Konwencji o ochronie praw człowieka i podstawowych wolności

Paweł Łącki , Bartłomiej Wróblewski

Abstract

The unborn's status in light of jurisprudence of the bodies of the Convention for the Protection of Human Rights and Fundamental Freedoms The subject of the analysis is to examine the case-law of the bodies of the Convention for the Protection of Human Rights and Fundamental Freedoms („the Convention”) in respect to the determination of the status of the unborn. The issue, being controversial due to the normative qualification of abortion, raises new questions as possibilities of medical intervention in the nature of human procreation have increased as a result of advances in medical sciences and technology. The issue presents a challenge for the legal orders as it involves the very axiological fundaments of these orders. According to the authors, the European Court of Human Rights states that it avoids any definite position on the subject, however, the particular case-law suggests that the Court rejects the possibility that the unborn may enjoy the right to life. The analysis shows that no coherent conception of the status of the unborn in light of the Convention has been worked out in the jurisprudence.