La protection réelle de l’embryon
Real protection means effective protection through existing positive law. The article attempts to demonstrate that the embryo is an object entitled to a safeguards attributed by the law to human life as such. It denies that the embryo has subjective rights and therefore can acquire the legal qualifi...
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| Format: | Article |
| Language: | fra |
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L’Harmattan
2006-06-01
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| Series: | Droit et Cultures |
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| Online Access: | http://journals.openedition.org/droitcultures/894 |
| Summary: | Real protection means effective protection through existing positive law. The article attempts to demonstrate that the embryo is an object entitled to a safeguards attributed by the law to human life as such. It denies that the embryo has subjective rights and therefore can acquire the legal qualification of subject of law or a person. The meaning of the concept of life is different, be it from the biological or legal point of view. European civil codes give legal capacity to the foetus who was born alive. Before this moment, the legal system has the possibility to give protection to the embryo but this protection is different from the norm protecting human life of an already born person. Consequently the protection of the embryo is independent from the qualification of the embryo as a subject. |
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| ISSN: | 0247-9788 2109-9421 |