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  1. 1 Zeszyty Prawnicze BAS

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  1. 1 Derek M.

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  1. 1 2015

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Status prawny zwłok dziecka martwo urodzonego w prawie polskim

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Derek M.
Zeszyty Prawnicze BAS
|
2015
|
issue 4(48)
22-46
EN
The aim of the article is to analyse Polish regulations considering the legal situation of the stillborn child. The source of the protection could be derived from the constitutional right to live – where the prenatal development is included – and the dignity of the person which does not expire after death. Every stillborn child must be buried, regardless the duration of pregnancy. This duty concerns also children whose stillbirth was caused by the abortion treatment. Furthermore the procedure the hospital is obliged to carry in case of the stillbirth is shown. According to the European Court of Human Rights the legislation considering stillborn children should be clear and non-violating the rights of the relatives. In the summary the author points out legislative errors and shows the solutions that possibly could be introduced.
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