Gender Justice and the Law

| February 11, 2014

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“While pro-choice organizations have celebrated the holding as a refusal to extend the right to life to a fetus, their interpretation is arguably mistaken. In reality, the Court failed to decide whether a fetus falls under “everyone” for the purposes of article 2 protection. Since questions of the fetus’s legal status and of when life begins remain disputed in France and among European nations, the Court found it “neither desirable, nor even possible . . . to answer in the abstract” the question of whether a fetus constitutes a person in this case”. “ Vo v France: Fetal Rights and the Decision Not to Decide” Harvard Human Rights Journal, Vol 8, Spring, 2005.
Critically consider this statement reflecting upon the ‘competing’ interests of the right to life of the foetus and the maternal right to autonomy.
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