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European Convention (1950) And The Unborn Child

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Chapter Summary

The historical background to the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) reveals that a broad consensus for inclusion of the child before birth in human rights protection was operating universally and without controversy at that time. The European Convention was drafted with the purpose of ensuring that European law-making would always recognize what the United Nations in 1946 called the conscience of mankind which condemns outright the denial of existence to entire groups of human beings. In the European Convention for the Protection of Human Rights (1950), the High Contracting Parties undertook to secure to everyone within their jurisdiction the right to life. The truth remains that the European Convention for the Protection of Human Rights (1950) in conformity with the Universal Declaration (1948) includes a solemn obligation to provide legal protection for the child before as well as after birth.

Keywords: decriminalization of abortion; European Convention; human rights law; unborn child

10.1163/ej.9789004175600.i-350.166
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