right of the unborn child

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  • Topic: Human rights, Law, Universal Declaration of Human Rights
  • Pages : 19 (7116 words )
  • Download(s) : 115
  • Published : January 30, 2014
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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 child against its own mother for prenatal injury. However this research is plainly on common law and right or unborn child on medical injury suffered in the womb. Other aspects of rights of unborn are not the concerns of this extract and therefore not discussed. Whyte I. Habeeb in his paper titled ‘What Rights, If Any, Do the unborn have under the Nigeria Law? , admitted that the unborn child have a right under the Nigeria law through his interpretation of the word ‘person’ as contained under the Sec 33(1) of the 1999 CFRN (as amended). He made mention of the various provisions of the Criminal and Penal Code and also gave a judicial overview towards the right of an unborn child in the international community. However, he failed to emphasize further as the right of the unborn child has been protected under international human right instruments and the judicial attitude of courts in Nigeria when it comes to the right of the unborn child. Dr. A. Majid Katme in post on Radiance weekly views letter titled ‘Superior Right of Unborn Child’ examines and discusses concisely some of the rights available to an unborn child under Islamic law. She highlighted rights such as: •The Right to a Natural Safe Legal Conception

The Right to Healthy Parents with Healthy Genes
The Right to a Secure Safe Insured Housing (the Womb)
The Right to Lineage among other.
Her work was however too brief and could be said to be a good summary of right of unborn child under Islamic law. The conventional laws were not touched at all in her work. This work will make little reference to this and try to cover the loop holes in write up. P.H Winfield in his research work deals extensively on the right of unborn child under common law limiting it to rights under property law, law of contract, law of tort and criminal law. He discusses the criminal law in different folds, ranging from Statutory offences against the unborn like infanticide, child destruction, birth concealment among others and...
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