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Protection of the Unborn Child under the European Convention on Human Rights

Central question of the European Convention on Human Rights (hereinafter, ECHR) stipulates that “everyone’s right to life shall be protected by law”. ARTICLE 2 ECHR (Right to life) 1. Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. 2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary: (a) in defence of any person from unlawful violence ; (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained ; (c) in action lawfully taken for the purpose of quelling a riot or insurrection. The central question whether the word ‘everyone’ includes an unborn child has yet to be fully decided. If the protection is provided, then it requires the answer to the following key issues: from what point in the development of an unborn child and the extent to which protection is offered.

ECHR, article 2, the rights of unborn child

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