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05 January 2018 / Julian Savulescu , Charles Foster
Issue: 7775 / Categories: Features
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Separated at birth?

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Should pregnant mothers owe a duty to their unborn children? Charles Foster & Julian Savulescu review the legal & ethical issues

  • The autonomy rights of pregnant mothers are hugely important, but should not always prevail over the rights of future children not to be injured by the acts or defaults of their mothers
  • Legislation is needed to correct the imbalance between these rights

Suppose that a woman is pregnant. She drinks a lot of alcohol, knowing that it is likely to harm her foetus. Can or should the law do anything—either during or after the pregnancy?

The mother’s position

ECHR arguments

The woman has, prima facie, a right to do what she wants with her own body. That is a right enshrined in that most elastic of the Articles of the ECHR: Article 8. Article 8 is, of course, not an absolute right: the right conferred by Article 8(1) is subject to the wider societal considerations of 8(2), the provisions of which read: ‘There shall be no interference

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MOVERS & SHAKERS

DAC Beachcroft—Clare Dewar

DAC Beachcroft—Clare Dewar

DAC Beachcroft strengthens Scottish real estate capabilitywith partner appointment

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson appoints Brendan Ryan as partner in Public Law Projects team

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers welcomes five new barristers

NEWS
A time-restricted bank tax, a ‘roadmap to fiscal devolution’, extension to parental leave, entrepreneur’s relief and a giveaway on energy bills for households are the headlines in Chancellor of the Exchequer John Healey’s 2026 Autumn Budget
A Court of Appeal judge has lamented the ‘very concerning’ state of the law on employee inventor compensation after a chemist’s case took five-and-a-half years to reach court, eventually being listed for a 37-day trial next year
The Law Society has emphasised that responsibility remains human, in a practice note on artificial intelligence (AI)
Respect orders, which enable police, councils, housing associations, transport networks and other authorities to take enforcement action against anti-social behaviour, have come into force across England and Wales
The Land Registry has launched two consultations aimed at making its information more publicly accessible, ‘Restructuring HM Land Registry fees’, and ‘Future of access to HM Land Registry information’
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