Journal article Open Access
The article is devoted to the study of the legal status of a future person during his fetal development. The article analyzes the current state of legal regulation of the right status of an embryo and fetus under the legislation of Ukraine.
It is stated that at present in Ukraine there is no comprehensive legal regulation of the right to expect life. There is only a set of public-law and private law regulating tangential questions about the right to life expectancy. Although, there is some specificity regarding the legal regulation of certain aspects of the legal status of the "human embryo".
It is proposed to consider the right to expect life as the natural right of every person to be born. This right generalizes a ramified system of other rights such as: the right to be born; the right to fetal development; the right to eliminate threats to intrauterine development of a person; the right to social and medical conditions for the natural course of pregnancy in a woman, etc.;
Isolated two bearers of the right to life expectancy: "human embryo" and "human's fetus". Under the "human embryo" it is proposed to understand the stage of intrauterine development of a person from the moment of conception to the 8th week of pregnancy. Under the "human fetus" it is proposed to understand the stage of intrauterine development of a person from the 8th week of pregnancy to the moment of delivery. Both bearers of the right to life expectancy are under the absolute protection of the actions of 3 people. As for a pregnant woman, then by the eighth week of pregnancy, she can independently determine the fate of the human embryo. After the 8th week of pregnancy, abortion can only be carried out in cases specified in the legislation of Ukraine. Therefore, it is proposed to make changes to Part 1 of Art. 50 Fundamentals of Ukrainian Legislation on Health Care and reduce the total period of artificial abortion before the 8th week of pregnancy.
Ensuring and guaranteeing the right to expect life should be exercised by the Ukrainian state. We propose to establish the mechanism of such guarantee in a special Law of Ukraine "On Guaranteeing and Protecting the Right to Expected Life in Ukraine".