Court decisions in wrongful birth cases as possible discrimination against the child

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F00216208%3A11220%2F17%3A10361232" target="_blank" >RIV/00216208:11220/17:10361232 - isvavai.cz</a>

Result on the web

<a href="http://editora.unoesc.edu.br/index.php/espacojuridico/article/view/12378/pdf" target="_blank" >http://editora.unoesc.edu.br/index.php/espacojuridico/article/view/12378/pdf</a>

DOI - Digital Object Identifier

<a href="http://dx.doi.org/10.18593/ejjl.v18i1.12378" target="_blank" >10.18593/ejjl.v18i1.12378</a>

Result language

angličtina

Original language name

Court decisions in wrongful birth cases as possible discrimination against the child

Original language description

The term wrongful birth denotes a claim brought by the parents of an unwanted child who was conceived or born due to medical negligence. The claims are often dismissed as contradictory to good morals or public order. However, there remains a neglected question whether the court decision to award or dismiss damages could constitute discrimination against the child concerned. While the child is not a party to the litigation, it is nevertheless unacceptable for the court not to take into account the effects of its decision on the child. In the case of award of damages, the court publicly affirms the legitimacy of the parentsꞌ need for compensation, that is the fact that the childꞌs birth represents recoverable harm to them. The court decision therefore means a different treatment in respect to other children whose benefits for the family are generally recognized and praised by the society. That might have serious psychological consequences for the child, depriving her or him of the full enjoyment of the right to dignity. This fact constitutes discrimination on the grounds of birth, which can be justified only by very weighty reasons. Such reasons may be arguably given in the case of a child incapable of understanding the meaning of wrongful birth litigation, whose special needs are extremely burdensome on the family. On the other hand, the dismissal of the claim cannot represent a negative discrimination against the child.

Czech name

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Czech description

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Type

J_ost - Miscellaneous article in a specialist periodical

CEP classification

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OECD FORD branch

50501 - Law

Project

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Continuities

I - Institucionalni podpora na dlouhodoby koncepcni rozvoj vyzkumne organizace

Publication year

2017

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Name of the periodical

Espaço Jurídico: Journal of Law

ISSN

2179-7943

e-ISSN

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Volume of the periodical

18

Issue of the periodical within the volume

1

Country of publishing house

BR - BRAZIL

Number of pages

18

Pages from-to

31-48

UT code for WoS article

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EID of the result in the Scopus database

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