Professional paper
THE RIGHT OF THE MOTHER TO ANONYMOUS DELIVERY – »L'ACCOUCHEMENT SOUS X – DELIVERY UNDER X«
Nenad Hlača
; Institute of Family Law, School of Law, University of Rijeka, Croatia
Abstract
The aim of the paper is to inform the scientific and professional audience on the specific model of the social care for the unwanted children in the French Republic through the anonymous delivery or l’accouchement sous X. Methods. The author started from the interpretation of the historical and legal sources, as well positive law. The historical roots of those specific legal solutions are analyzed and the recent changes in the French positive law from 2006. French ¬legal system still appreciates the right of the mother to anonymous delivery in the hospital with the aim to protect life and health of the newborn child. If the mother expresses her will she will not be inscribed in the birth registrars as a mother of the child. Statistical data on the number of the child births are analyzed. Conclusion. Although there are strong political intentions on the unification of the laws related to the human rights within the member states of the Council of Europe, mostly by the binding judgements of the European Court of Human Rights, French positive law is still enabling the ¬realisation of the mother’s right to anonymous delivery in the hospital. In that way protecting the right of the newborn child to be born and the right on the adequate health care.
Keywords
rights of the mother; rights of the child; anonymous delivery in the health care units; French Republic legislation
Hrčak ID:
23509
URI
Publication date:
1.9.2007.
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