Human rights for the potential child: a legal and ethical inquiry

Abstract

The intersection of human rights, reproductive rights and children’s rights presents a complex and evolving legal landscape. This thesis examines the legal, sociological and ethical considerations surrounding the rights of potential children within international human rights framework. It seeks to address whether potential children should be granted rights and how existing frameworks like the Convention on the Rights of the Child (CRC) may be applied. The study employs a comparative analysis of legal texts, case studies, and scholarly literature to explore these issues. The findings indicate that current international laws do not explicitly grant rights to potential children, but there is a compelling argument for their inclusion based on the principles of the CRC and existence of detrimental risks to the health and well-being of potential children. Recognizing the rights of potential children could significantly impact legislative and judicial approaches to human rights and child protection. This thesis concludes that incorporating the rights of potential children into international law is both a logical extension of existing human rights principles and a necessary step towards comprehensive child protection. Further research is recommended to explore the practical implementation of these rights and the potential conflicts with parental and reproductive autonomy.