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Protection of Human Life in Its Early Stage

Intellectual Foundations and Legal Means


Edited By Alexander Stepkowski

The book consists of thirteen studies examining different aspects of human life protection in the early stage of its development. The contributions are arranged in three parts. Part I focuses on theoretical problems and examines the main issues of contemporary jurisprudence. The foundation of human rights, different approaches to sovereignty, the relation between law and science, the legitimacy of judicial power, and the nature of legal authority are discussed. Part II presents the issues within the national contexts of the USA, Germany, Austria and Poland. In a wider perspective, Part III examines the issue of the protection of human life in the prenatal phase on three different levels: within the EU, within the European Court of Human Rights case law and the UN system.
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An Essay About the Values Justifying Eugenic Abortion as Confronted with the Constitution and the Real World


Olgierd Pankiewicz*

Applicable Polish laws set a specific proceedings, in which the custodial court decides whether to give permission to a minor to terminate her pregnancy.1 It stems from these regulations, that someone acting as an attorney of the unborn child (curator ventris) or a public prosecutor may possibly be allowed by a custodial court to act on the child’s behalf in such a proceedings. However it has not been heard of someone trying it in practice, this situation can change. Thus it is useful to imagine a closing argument in a case like this. Placing myself in a courtroom where such a case is being heard, I hear a lawyer’s speech along these lines: ← 179 | 180 →

‘After all that has been said throughout the hearing: the argumentation presented by the social service officer, the physician, and the applicant herself, it might be difficult to grasp the very issue which you are about to decide.

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