Unborn child Research Papers - Academia.edu (original) (raw)

The United States Supreme Court has heard oral arguments in the case Dobbs v. Jackson Women's Health Organization, No. 19-1392 (cert. granted May 17, 2021). During said arguments, by many accounts, the majority of the justices seemed to be showing their cards in favor of a pro-life ruling of some manner. This paper speculates on what pro-life litigation may look like in the future.

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- History, Constitutional Law, Property Law, Federalism

According to the newest report issued by the Guttmacher Institute, 926,200 abortions were performed in the US in 2014. A holistic approach which accounts for biblical, biological, and philosophical truths must conclude that these unborn represent human beings with full personhood. Biblically, God the Almighty Creator establishes the worth and value of humanity by making all people in His own image (Genesis 1:26-27). From Scripture, a progression can be given which traces this image from adults, to the unborn, to conception. Biologically, it is an undisputed fact that a new, complete, genetically-distinct, individual human being is present at conception. Although attempts to redefine conception have been made, embryologists have consistently defined conception as the moment of fertilization for over 100 years. Abortion also cannot be justified philosophically. Some of the most common philosophical arguments for abortion are evaluated and discussed: (1) embryos lack consciousness, (2) abortion prevents children from being born into poverty, (3) monozygotic twinning proves personhood cannot begin at conception, (4) rape justifies abortion, (5) incest warrants abortion, and (6) abortion is often necessary to save the life of the mother.

- by Matt Dawson
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- Embryology, Personhood, Book of Psalms, Abortion
- by Angel J Gómez Montoro
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- Constitutional Law, Spain, Unborn child

This Sunday school lesson deals with the sanctity of human life as related to the hot-button issue of abortion. I examine, first, the current state of abortion. Then I consider some extrabiblical evidence that the unborn child is, in fact, a living human person. Next, I consider the biblical evidence, examining key passages such as Psalm 139:13-16, Psalm 51:5, Luke 1:39-44, and Exodus 21:22-25. I answer common objections to the pro-life position posed by pro-choice advocates. Finally, I conclude with some takeaways for Christians.

- by Nick Claxton
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- Sanctity of Life, Abortion, Unborn child, Christian ethical response to Abortion

The essay deals with the topic discussed in the damages which may require born with a congenital disease not diagnosed by a doctor. The most problematic issues concern not so much the protection of the unborn child as the causation.
In Italy a recent judgment, unlike the previous case, admitted the compensation of the damage from congenital disease.

- by Antonio Gorgoni
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- Tort Law, Damages law, Unborn child

On 20 February 1790, the Amt Schnackenburg (one of the lowest tier
courts in the Electorate of Brunswick-Lüneburg or Hannover) decided
that a child of two engaged people but born after the death of the
father before marriage inherited his father as a marital child.
Georg Ludwig Böhmer discussed one case in his auserlesene
Rechtsfälle aus allen Theilen der Rechtsgelehrsamkeit, erster Band
zweyte Abtheilung (which was a collection of court ruling assembled
for student and judges to have an overview about controversial legal
cases) where an unborn girl is declared heiress by the court according
to the will of a Rath (a civil servant) in which the Rath stated that all
living children of his cousin should inherit him.
As this single case in the 18th century German Private Law shows,
unborn children were often treated as already having been born. This
was and still is a legal fiction serving the unborn child, in Latin:
Nasciturus pro jam nato habetur quotiens de commodo ejus quaeritur.
Why is in those cases the unborn child treated as it was already born?

- by Per-Malte Lippmann
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- Civil Law, Legal History, 18th Century, German Law History

Este estudio analiza los significados que otorgan al no nacido mujeres que atravesaron la interrupción de sus embarazos, voluntariamente o no, en dos espacios diferenciados: un círculo de mujeres enmarcado en la
espiritualidad de la Nueva Era y un caso de activismo basado en la evidencia. Desde el paradigma interpretativo y métodos cualitativos, los resultados sugieren que ellas se vinculan de modo activo con los no nacidos, los ubican en un contexto social de producción y proponen un reconocimiento legal y/o simbólico para ellos, sin vincularse explícitamente con el activismo —a favor o en contra— por la legalización del aborto, sino en una clave de sanación personal y afirmación de sus trayectorias reproductivas.

- by Karina Felitti
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- New Age spirituality, Abortion, Unborn child, Women's Spirituality
- by Ovidiu Nedu
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- Buddhism, Hinduism, Personality, Metaphysics of Consciousness
- by Alvaro Paúl
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- Human Rights, Abortion, Unborn child, Inter-American Court of Human Rights

The consequences of recent advances in medical science and biologic technology are changing our understanding of personhood, human life and human being. The unborn, that is, the embryo and the foetus –until the end of the second
month of pregnancy the unborn child is referred to as embryo and after the beginning of the third month as foetus– are in the centre of all this discussion.
It’s almost impossible to separate our acknowledgments in the scientific field from our humanistic, moral and religious beliefs, since «[w]hat can be done turns into what will be done before there is time to ask what should be done».

- by Vera Lúcia Raposo
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- Human Rights, Unborn child, Biothetics

The right to health of the child in prenatal stage to date is not recognized. This paper focuses on such issues as the right to health and its elements, links between maternal and prenatal rights to health and life. Such detrimental factors, as cigarette smoking,
alcohol use, drugs abuse, and other maternal harmful lifestyles and their impact on the child in prenatal stage are also considered in this research. Foreign countries’ experience, such as the USA, Greece and Romania, in addressing violations of the right to health of the child in prenatal stage, as well as the ECHR case law on this issue. Approaches of diverse courts when resolving cases on medical negligence, which have caused harm to health of the child in prenatal stage, were also analyzed in this article. The recognition of the child’s in prenatal stage legal personhood is offered as a prerequisite of protection of its subjective right to health.

In the article the author considers the state of text studies and analysis from the right to life standpoint. The right to life standpoint and its representation in Ukrainian literature texts are interpreted. Chosen literary texts, the... more

- by Halyna Shvets
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- Ukrainian Studies, Ukrainian Literature, Right to Life, Unborn child

A paper presented at the 2019 Grace Place Value Life Conference.

- by Michael Burgos
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- Theology, Stillbirth, Pastoral Theology, Bodily Resurrection

The author discusses the problem of abortion. He defines abortion as a deliberate and immediate killing of a human being before birth; he distinguishes it from spontaneous miscarriage or a situation where the child is allowed to die without this being intended, where the death is the result of causes not dependent upon acting persons—abortus indirectus. In order to morally evaluate the act of abortion, the author considers both the ontic status of the conceived human being and the criteria usually used for the evaluation.

- by Studia Gilsoniana
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- Death, Homicide, Child Development, Christian Ethics

This article describes the mandatory criteria of pregnant woman’s consent on the operation (procedure) of artificial unwanted pregnancy termination - awareness, validity, willfulness, voluntariness, and consciousness. It was determined that Ukrainian state does not provide or control that woman's consent meets these specified criteria. Lack of proper woman’s consent shall be an element of a qualified corpus delicti of illegal abortion. It is proposed to supplement the Criminal Code with article 134.1, "Forcing a woman to conduct the abortion."

- by Oleksandra STESHENKO (SHRAMOVA)
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- Notary, Unborn child, prenatal rights

Rev. Anne Armstrong is known for promoting the Bible's Tree of Life, and now, she and church members have sued the State of RI to protect unborn life from attacks using public tax money.

- by Alan Gordon
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- Bible, Catholicism, Pro-Life, Cannabis

Bebito, feto, embrión. Los formas de representar a los no nacidos se construyen desde la religión y la ciencia y también en los discursos del cine, la literatura y las artes. Muchas veces son las cartas de presentación de las organizaciones anti derechos reproductivos pero a veces algunas ideas circulan también entre posiciones a favor del aborto. En esta nota Karina Felitti y Gabriela Irrazabal recorren las marcas de épocas y plantean la importancia de responder a situaciones como el duelo gestacional, la demanda de la ley del nombre y la legalización del aborto.

- by Karina Felitti
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- Stillbirth, Abortion, Mujeres Y Aborto, Unborn child

Children in prenatal stage today are the only living human beings generally not recognised as persons before the law. This leads to a vague status subject to abuse in different cases, such as medical negligence, third party assaults, vertical H.I.V. transmission and exposure to substances, which do not necessarily involve contentious abortion issues. Particular examples from cases considered by the Inter-American Court of Human Rights demonstrate how a child in prenatal stage is treated differently from children postnatally on the ground of live birth.

Legal scholars are currently debating many complex issues regarding the juridical status of unborn human beings (i.e., embryos and fetus): When does human life starts? Are the concepts of " human being " and " person " synonyms? Does the unborn have rights? Some of these questions, namely the biological beginning of human life, are not to be answered by the law, but by medical science. Nonetheless, it is up to the law to establish when should the unborn receive legal protection and under which conditions; and when does it become a person and acquires fundamental and human rights. These issues have legal nature, and, for this reason, the legal solutions are to be set by the lawmaker; but the fact is that they are grounded in knowledge coming from other elds, namely from biology, but also from philosophy and ethics. The present article will examine the various theories regarding the juridical classication of the unborn and the moment in which it acquires rights, trying to compare the Chinese and the Western legal cultures. In the end we will provide a juridical qualication for the unborn, i.e., if it is a person, an object, or something else in between these two categories; and afterwards dene the juridical consequences derived from the chosen status.  Log in | Register 

- by Vera Lúcia Raposo
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- Chinese Law, Unborn child

In the article, author analyses the phenomenon of humanism and its modern concepts from the right to life standpoint. Different types of sex education which is the main factor of contraceptive mentality development are described; the author gives examples of the "progressive" terms. The concept of "pro life humanistic paradox" is introduced and its essence is explained. The author shows writer's interpretation on the notion of a person giving examples of the XX – beginning of XXI century works of fiction.
Key words: humanism, posthumanism, transhumanism, right to life standpoint, scientific and technical progress, paradox, person, abortion, unborn child, XX – beginning of XXI century works of fiction.

- by Halyna Shvets
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- Posthumanism, Transhumanism, Humanism, Abortion

The United Nations Human Rights Committee (HRC) believes Member States should not be allowed to determine their abortion legislation themselves and has set a step closer to a right to abortion. That became evident by the General Comment... more

This paper aims to understand the care involved in protecting and assisting pregnant women and infants carried out by voluntary civil society organizations. The research is conducted in light of the ethics of care and intends to reflect... more

[CLICK ON CHAPTER TITLE, THEN LINK TO ACCESS OPTIONS IS UNDER "URL"; OR CONTACT AUTHOR] [co-author Ellen Bradshaw Aitken] Christian literature of the 1st-3rd centuries C.E. contains few references to unborn children; where they are found, however, the unborn become an important rhetorical site in early Christianity for constructing the relationships between competing religious groups. The Gospel of Matthew’s genealogy for the unborn Jesus provides a rich and contended heritage for the child; this heritage also displays his destiny. In the Gospel of Luke, the story of the joyful recognition of the unborn Jesus in Mary’s womb by the unborn John the Baptist establishes the relationship between Jesus and John as adults, a narrative technique that indicates the inclusion of John’s disciples into the Christian movement. The second-century _Protevangelium of James_ also tells of Mary’s perception of "two peoples" in her womb, one lamenting and the other rejoicing; these "peoples" signify divergent social and religious responses to Jesus. The practices of joy and lamentation as projected onto the unborn provide a means for negotiating religious differences and shaping a genealogy of religious origins.

The article aims to analyze the Old Testament’s idea of life before birth. Firstly, I examine some expressions describing sexual intercourse. Secondly, I study the meaning of the word הרה hārāh “to conceive”. Thirdly, I analyze some crucial texts (ad es. Rdz 25, 21– 24; Wj 21, 22–25; Hi 10; Ps 139). At the end, I offer a brief synthesis of the Old Testament’s idea about life between conception and birth.

- by Wojciech Węgrzyniak
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- Theology, Children and Families, Biblical Studies, Unborn child