right of the unborn child

Olayinka S. Akinwunmi in his paper titled ‘Legal Impediments on the Practical Implementation of the Child Right Act 2003’, the article is poised to examine the various legal impediments in the practical implementation of the Act since it has been legislated. It included an in depth analysis of its content and other circumstances that could either facilitate or hinder its implementation both nationally and internationally. The Act took cognizance of every person and individual concerned in the care and concern of children. Its basic provision could be said to follow fundamental human rights contained in Caption IV of the 1999 Constitution with specific focus on the children. It is important to note that there are other areas and issues covered by the Act, such as the responsibility of a child, parental responsibility, child justice and other important issues. The Act could therefore be described as an innovative and commendable one. He concluded without making a reference to the unborn.
Years backs the extract on injuries to unborn child by the law commission report has a great relevance to this topic of discussion, in this journal analysis of causes of medical injury to an unborn child was analysed. This includes Drugs, poisonous waste, effect of illness and disease of parents on unborn child, injury caused during the attempt of abortion others. It also looks at the difficulty in proofing the occurrence of all this events. Recommendations were made at the end of this work such as that
• Legislation should deal with the rights of a living person and no rights should be given to the fetus.
• The general principle should be that wherever prenatal injury is caused intentionally, negligently or by a breach of statutory duty there should be liability for that injury.
• In action by a child for prenatal injury a defendant should be able to rely upon a mother’s voluntary assumption of risk.
• As a general rule, legislation should not permit a right of action by a