Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Decriminalization - A Treaty Interpretation Manifestly Unreasonable

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

Recognition of the rights of the child before birth in the Universal Declaration of Human Rights (UDHR) implies recognition of these rights in all subsequent human rights instruments. Throughout history, the principle of providing protection for the child before birth has been an integral part of jus cogens and as such, it belongs to that class of international customary law that is self-executing, has peremptory force, and cannot be abrogated by domestic law or treaty. The current ideologically-driven reinterpretation of the non-derogable right to life &t;leads to a result which is manifestly absurd or unreasonable&t;, viz., the selection for exclusion of children at risk of abortion from the human rights protection of &t;all members of the human family&t;. Any interpretation of appropriate legal protection for the child at risk of abortion that leads to decriminalization of abortion is indeed a result which is manifestly absurd or unreasonable.

Keywords: decriminalization of abortion; legal protection; Universal Declaration of Human Rights (UDHR)



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Human Rights and the Unborn Child — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation