Fetal rights

Fetal rights are moral rights or legal rights of human fetuses under natural and civil law. The term fetal rights came into wide usage after the landmark case Roe v. Wade that legalized abortion in the United States in 1973. The concept of fetal rights has evolved to include the issues of maternal drug and alcohol abuse. The only international treaty specifically tackling the fetal rights is the American Convention on Human Rights which envisages the fetal right to life. While international human rights instruments lack a universal inclusion of a fetus as a person for the purposes of human rights, fetus is granted various rights in the constitutions and civil codes of several countries. Many legal experts recognize an increasing need to settle the legal status of the fetus.

In antiquity, a fetus was sometimes protected by restrictions on abortion. Some versions of the Hippocratic Oath indirectly protected fetus by prohibiting abortifacients. Until approximately the mid-19th century, philosophical views on the fetus were influenced in part by Aristotelian concept of delayed hominization. According to it, human fetuses only gradually acquire their souls, and in the early stages of pregnancy the fetus is not fully human. Relying on examinations of miscarried fetuses, Aristotle believed that male fetuses acquire their basic form at around day 40, and female ones at day 90. For Pythagoreans, however, fetal life was co-equal in moral worth with adult human life from the moment of conception; similar views were held by Stoics. Ancient Athenian law did not recognise fetal right to life before the ritual acknowledgement of the child. The law, however, allowed to postpone the execution of sentenced pregnant women until a baby was delivered.

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