On Fetus Rights Protection With The Perspective Of Human Rights

Fetus Rights question is an important law philosophy question, but the researching on this question has being many constrained in the apparent threshold of civil law or criminal law. Along with the development of the human rights theories, the human rights bodies are expanding gradually toward the fetus as placed in the edge. Bringing the fetus into the categories of the solicitude in mankind's morals, respecting and protecting their life and health rights and interests, is a promotion to the human own value; also is the moral essence of human rights idea.This article is approximately 50,000 words, composed mainly of the following four parts (with the exception of introduction) in which the fetus right protection with the perspective of Human Rights is argued and elaborated.The first part is the general dissertation and explanation on the protection of the fetus rights and interests in law. Firstly an answer to the ancient metaphysical problem that"Is the fetus a person or not"is made, as an explicit definition of the fetus'moral position being given. In this part the writer learns different scholars many kinds of analysis and definition on the concept"Person"and"Fetus"from different academics angles, the medical science, the life ethics, the biology, the law etc, then gives a conclusion and talk about the three standpoints and their theory arguments concerning the relationship with"fetus"and"person"from of old. In the meantime the writer expresses her own standpoint on this issue: Fetus'moral position is higher than other animals but lower than the person of society; the fetus is both a person of living creature and a latent person of society. In the second small part, the writer investigates and generalizes the theories foundation of fetus rights and interests and the law system interrelated, in respectively the fields of civil law, criminal law and the human rights law. As the few international or territorial regulations and norms on fetus rights and interests in human rights law being scattered, indirect and ambiguous, the human right courts usually feel much intractab -le when handling the cases of fetus rights and interests, sometimes adopting irresponsible elusion strategies.The second part is the introduction and expounding on the developm -ent of the Human Rights body theories, and the reasoning on fetus rights protection as in the mean of human rights. Human rights body theory is the core of the whole human rights theory system. As the human rights theories being developed up to now, the body scope has already expanded to the bodies in the edge including fetus. So-called"edge", means whether it has the qualifications of human rights bodies or not is still a big dispute, as being placed in the edge of"is"to"not". Based on the moral attribute of Human rights, in this part the writer carries on a discussion and analysis on the purpose value of fetus themselves, points out and gives adequately reasons on the moral necessity and legitimation of fetus status as human rights bodies, of which the limit is defined and demonstrated of course, recurring to A.J.M.Mllne's Lowest-limited Human Rights Theory and Kant's"Utterly Order". Because fetus has no moral status completely the same as the person in society after all, so fetus rights in human rights categories are no equal to human rights in a sense of universality. On the contents of right, Fetus rights are mainly the two rights now: life rights and health rights, which were required from the necessary morality in human's lives of society. On the boundary of right, fetus rights have some mutual conflicts much usually with some other values of human rights or non-human rights, even inhibited by other human rights sometimes.The third part is the discussion and explanation on the basic contents of fetus rights in human rights category. Fetus rights in Human rights category mainly include two basic contents: Life right and healthy right. The life right is the most basic Human rights. The writer points out three dimension -nalities of life rights: The life existence, life quality, life value or dignity, but protecting the person's life dignity and value is the core of all human rights. So the principle of"Excellent Birth and Excellent Upbringing"should be brought into the value category system of human rights, human themselves should take on the moral even juridical obligation on"Excellent Birth and Excellent Upbringing"in the process of producing the next generation. At section 2, the writer main reason and explain the relativity and particularity of fetus'life rights. According to A.J.M.Mllne's dissertation concerning the principle of respect to mankind's life, it need to be reasoned whether the deprival of life right is allowable or not in moral. The fetus'life right isn't absolute either, it also can be reasoned whether abortion is allowable or not in moral. Compared to life right, fetus'health right is of more significance in both theory and true-life. The writer elaborates many factors that influence fetus'health in modern eugenics. According to the indirect regulations and norms concerning the protecting of fetus'health benefits in some human rights documents, the writer quotes and analyses many famous cases concerning fetus'health damage extending to birth at home and abroad, and then puts forward to the academic signific -ance and realistic necessity of defining and regulating fetus'health right definitely in human rights law. Section 3 is the discussion and analysis on the relationship between fetus'basic rights and Children Rights. The writer analyzes and generalizes the contact and differentiation between fetus'basic rights and Children Rights. According to Children Rights Convention, the children are anyone under 18 years of age, but when starting to count the age is not provided. However, the fetus aren't included in the children's category, there exists many differentiation between fetus'basic rights and children's rights in the aspects of right's body qualifications, the right contents and the protected principles etc.The fourth part is the analysis and dissertation to many conflicts concerning fetus'life right and the relevant solution. In this part the writer points out the conflicts concerning fetus'life right and has them dissertated and analyzed with the perspective of Human Rights conflict and the Human Rights value sequence in Human Rights theory. The conflicts concerning fetus'life right mainly include: the conflict concerning fetus'life right itself, the conflict concerning fetus'life right with mother's life right, the conflict concerning fetus'life right with human's procreation rights, the conflict con -cerning fetus'life right with the population policy etc. These conflicts'existence, as a wonderful embodiment of Human Rights conflicts in fetus rights is of ineluctability. The principle of benefits weighing in human rights value, the right idea"Good takes precedence of Right"the communitarian hold, the"Social Responsibility principle"and"Do Good principle"in A.J.M.Mllne's Human Rights philosophy, Katarina ?Tomasevski's trenchant dissertation on Human Rights in Population Policies with the perspective of the relationship between freedom and responsibility etc, have provide many fire-new angle of views and strong support to the solving to those conflicts.The last part is the recapitulative conclusion to this thesis's researching route and whole contents. The writer introduces and explains in brief the logic jumping-off point and the possible significance of researching on the fetus rights in an angle of view of human rights, and recapitulates this thesis's reasoning process and conclusions. In the last the writer points out the difficulties and shortages of this thesis's researching and writing.