FETUS KAO OSOBA
FETUS AS A PERSON

Summary/Abstract: “Who can be considered the holder of rights” is one of the fundamental questions in the theory and philosophy of law. This issue is gaining increasing importance with the development of technology (artificial intelligence) as well as with new considerations, for example, regarding animals and trees. This topic is especially relevant in the context of the fetus’s right to life, where the question arises about the beginning of life. Although no one denies that fetuses belong to the human species, there is no agreement on the exact point at which they become a person. In almost all modern states, the moment of birth is considered as a key point. If the fetus is recognized as a person with the right to life, the right to abortion cannot be recognized, as in that case abortion would constitute a crime of murder. The goal of this paper is to offer an answer to the question of whether fetuses can be considered holders of rights by critically examining the positions of contemporary theoreticians.

• Details
• Contents