Prawo do pochówku nasciturusa w świetle praw człowieka
The Right to Burial of Unborn Children in the Light of Human Rights

Summary/Abstract: Before the amendment of the Act on cemeteries and burial of the dead, it was difficult to bury stillborn children due to unclear legal status resulting from irrelevant provisions regarding medical and civil status records. This state of affairs made the burial of stillborn children before 22nd week of pregnancy difficult. The purpose of the article is a historical and dogmatic analysis of the administrative regulation of the burial of unborn children, hopefully facilitating the resolution of the issue of the legal status of the nasciturus in terms of the subjective and human approach in the context of the right to the grave. The article helps formulate de lege ferenda postulates as regards changing the concepts surrounding the death of the unborn child. All this to implement the directive of the cohesive Polish legal system. The comprehensive analysis will provide the basis for proposing changes in the legal status of the nasciturus by introducing the definition of a conceived child, and thus protecting the stillborn child and institutions protecting his/her rights (e.g. institution of the nasciturus curator established by Article 182 of the Polish Family and Guardianship Code).

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