A comparative study of the rights of the unborn child

Abstract

The issue of whether an unborn child should have legal rights separate from its mother has, and will always be, a controversial area of law. Such a dilemma requires the legislature to draft up laws and the courts to enforce such laws in order for a balance to be reached by the converging moral, social and legal issues that exist. This thesis aims to: • Discuss the rights of the unborn child, with special emphasis on abortion, since a fundamental right above all is the right to life. • Review various foreign legislations in order to see how the laws regarding the unborn child have evolved and how such laws treat the unborn child. • Discuss Malta's position on abortion and the rights of the unborn child. This position will be then compared with the positions of other counties.