Steshenko O. Rights of the child in prenatal stage: theoretical and legal research.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102820

Applicant for

Specialization

  • 081 - Право. Право

23-11-2021

Specialized Academic Board

ДФ 26.001.218

Taras Shevchenko National University of Kyiv

Essay

The first section of the dissertation includes research of the terminology, the literature review and the review of relevant jurisprudence of international courts. It is found, that in contrast to the terms “unborn child”, “pre-born child”, “embryo”, “foetus” or “nasciturus”, the term “the child in prenatal stage” is most suitable for designating a child from fertilisation till birth, as it is concurrently accurate, neutral and translatable into other languages. The term “the child in the prenatal stage” does not contradict other sciences and does not dehumanize the child. In the second section of the dissertation it was found that what generally starts in law from the moment of birth is not a human life, but legal personhood. The biological beginning of human life – and law does not deny this – occurs at the moment of fertilisation of a human ovum, whereas its entire course should be considered as a continuous process

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