Dimensions of Legal Liability in Malapropos Cesarean in the Light of the Fundamental Rights of the Fetus
Subject Areas : child rightsMahmoud Abbasi 1 , Meysam Kalhornia Golkar 2
1 - Associate Professor, Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran
2 - Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences, Tehran, Iran
Keywords: Selected BirthdayMalapropos CesareanFundamental RightsChildFetus,
Abstract :
Background and aim: Malapropos Cesarean is an intervention in the delivery process aimed at giving birth to a favorite date without medical necessities. This behavioral anomaly has challenged society more than ever in recent years and so is increasing in a way that, if left unaddressed, will become a moral norm and difficult to deal with legally. Method: This study conducted to a descriptive - analytic study that examines the basics and dimensions of legal liability arising from Malapropos Cesarean. Results: Malapropos Cesarean Because of the disruption to the child's natural birth process and putting him at risk can be regarded as a violation of the basic and fundamental rights of the child including the right to life and the right to health and in particular fetal right to spend a full period in the womb. Accordingly, jurisprudential, ethical and legal considerations of this social phenomenon indicate the possibility of professional, civil and criminal liability for physicians. In addition, parents should be involved in the practice of physicians’ violation. Conclusion: Due to the lack of victim power for the action and the consent of the parents and the physician to intervention in the delivery process, the legal prosecution of Malapropos Cesarean faces obstacles. Accordingly, it is necessary, within the framework of the health law system, emphasizing on the public aspect of Malapropos Cesarean, while applying current laws, as well as regulatory, along with dealing with offenders, would be considered necessary measures to avoid health centers from performing this surgery.
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