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6 Indian J.L. & Just. 1 (2015)
Rights of the Unborn: A Human Right Agenda

handle is hein.journals/ijlj6 and id is 12 raw text is: 









      Rights of the Unborn : A Human Right Agenda
                                           Prof (Dr.) Binayak Patnaik1


I. Concept of Human Rights:
      The future of humanity depends on winning respect for human
rights.
       The achievement of democracy & development must be based on
universal respect for human rights. Human rights are those basic rights
which every human being is entitled to enjoy. The earlier expressions
natural rights and rights of man are replaced by the present concept
Human Rights. The Universal Declaration of Human Rights, 1948 is the
international statement of Human Rights. This document contains two sets of
rights namely 1. Civil & Political 2. Economic, Social & Cultural. These
two sets of rights give all people freedom from fear and want and form the
foundation of freedom, justice and peace in the world and therefore should
be protected by all groups. The full range of human rights, which all cross-
sections of humanity including vulnerable sections need, must be respected
as equal and inalienable birth right of the people without discrimination. The
most vulnerable section is the unborn.
        So the new agenda today is the Human rights of the Unborn which
should be recognised and demarcated in the International as well as national
legal instruments.


II. Concept of Unborn:
       According to World Medical Association- The life of an individual
human being begins with conception and ends with death.
       It is clear from medical evidence that a pre-born is a human being
from the time of conception. The little heart beats in between 1 8th to 24th day.
All organs are present from 8th week. Vigorous activity starts from 12th
week. So the unborn child is not a part of his or her mother but a unique
human being- distinct from the mother / parents, genetically, physically,
organically. So to deny personhood to the foetus is arbitrary and against the
evidence of moderns genetics and embryology and against ethics and law as
well. To deny personhood to foetus is dangerous not only to foetus but to all
of us.
       In USA, in various court decisions the foetus has been considered as
            2
living person.

I Director, Shri Vaishnav Institute of Law, Indore

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