Sunday, May 16, 2021

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Article Index

The Inappropriateness of Individual Rights Analysis

The law provides a similarly ineffective approach to FAS. The law's concern with fetal alcohol syndrome is limited to political interest in preventing fetal alcohol syndrome. The legal discussion focuses on the debtate between maternal rights and fetal rights. Most commentators want to resolve the issue of prevention of harm to the developing child based on whether the proposed activities interfere with maternal interests or promote fetal health." They view the primary question as "whether a pregnant mother has a legal, as well as moral, obligation to her unborn fetus?" Fetal rights advocates argue that a fetus has a protected interest in being born healthy.' According to fetal rights advocates, it is the responsibility of the state to protect the fetus from the mother's prenatal alcohol abuse.'

 

Vernellia R. Randall
Founder and Editor
Professor Emerita of Law
The University of Dayton School of Law

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