Fetal Rights: Examining Legal and Ethical Considerations

This report delves into the complex legal landscape surrounding fetal rights, examining the legal status of an unborn fetus and the various standards used to define it. It explores the American Convention of Human Rights and the landmark case of Roe v. Wade, highlighting the ongoing debate over fetal rights and the legal recognition of a fetus as a person. The report discusses the implications of fetal homicide laws and the rights of pregnant women, as well as the differing standards, including the born-alive, viability, and conception standards. The analysis also includes the UNBORN VICTIMS OF VIOLENCE ACT OF 2004, providing a comprehensive overview of the legal and ethical considerations surrounding fetal rights. The report aims to clarify the legal complexities associated with fetal rights in the context of modern medical and legal advancements.

Running head: CRIMINAL JUSTICE
CRIMINAL JUSTICE
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Importance of fetus rights
There has been a debate going on over the rights of an unborn fetus. The right to life for
an unborn child has been mentioned in the American Convention of the Human Rights. Under the
civil law the fetal rights can be described as the moral or legal rights of an unborn human fetus.
Under the United States Law fetus had not been recognized as a person with all the rights.
However with the Roe v Wade [1973] the fetal rights have come into focus. However according
to many legal experts there can be seen a growing need for the clarification of the legal status for
the fetus because it has been possible technologically to be regarding a fetus as an independent
patient from its mother.
Conflict between fetal homicide laws and abortion rights
An unborn baby can be seen to be considered as a protected person under the fetal
homicide laws. However the legal termination of pregnancy can be seen as falling as outside the
scope of the statutes as it has been recognized by the United States Supreme Court that pregnant
women have the right to privacy to be killing an unborn fetus.
Standards of recognizing a fetus as a person
The Born-Alive Standard
The Born-alive standard can be defined as a common law principle holding on to various
criminal laws like assault and homicide for applying it to a child that can be seen as ‘born-alive’.

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The Viability Standard
The viability standard can be defined as the survival of an unborn child with the help of
assistance outside the womb of the parent.
Conception Standard
As per the conception standard a fetus would have inherent rights as a person which
cannot be taken away without any due process of the law.
It can be argued that the conception standard would be more applicable in the modern
statutes as it recognizes the right of life of an unborn fetus which cannot be taken away without
due process of law. This is in accordance with the American Convention of the Human Rights
right to life.
Fetal Homicide Statute
UNBORN VICTIMS OF VIOLENCE ACT OF 2004
https://www.congress.gov/108/plaws/publ212/PLAW-108publ212.pdf

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Reference
American Convention of the Human Rights
Roe v. Wade, 410 U.S. 113 (1973)
UNBORN VICTIMS OF VIOLENCE ACT OF 2004 Retrieved from:
https://www.congress.gov/108/plaws/publ212/PLAW-108publ212.pdf