Fetal Harm Due to Maternal and/or Familial Reasons in the Context of Fetal and Maternal Rights

Abstract

INTRODUCTION[|]Although the rights of various components of the society, such as human rights in particular and women's, children's, animals and workers' rights are guaranteed by law in our country, there is no legal regulation that directly addresses the fetal rights. Fetal harm may occur because of medical, maternal, familial or social reasons. While law compensates fetal harm related to medical reasons, the fetal harm caused by the pregnant woman and her family is often overlooked.[¤]METHODS[|]The main justifications for the ignorance of the community and judicial system about the fetal harm related to maternal or familial causes are based on maternal autonomy argument and the moral status of the fetus as a non-person. If this justification is valid from the legal and ethical point of view, then the fetal harm caused by health professionals should not cause legal liability.[¤]RESULTS[|]Since, this cannot be the case, legal arrangements should be made for fetal protection against the fetal harm due to maternal and familial reasons and awareness among the society should be raised about this issue.[¤]DISCUSSION AND CONCLUSION[|]In this article, fetal harm due to maternal or familial reasons has been discussed in relation to fetal and maternal rights.[¤]

Keywords

• fetal harms
• fetal rights
• fetal protection
• maternal rights
• law
• ethics