Życie ludzkie jako przedmiot i podmiot prawa

Abstract

The life of every person, including the unborn child, considered in theological and social terms, is seen as inestimable value. Actions taken against conceived life have a negative impact on society. Hence the need to recognize child conceived as object and subject of the law. To prevent the destruction caused by negating the life, positive law should create such standards which would protect the life of that child. In addition, society must recognize that a child conceived is a legal entity. Putting together the articles of international and Polish law, one can conclude that a child conceived has the right to live. However, everything changes, when we pass from theory to practice. The Law on family planning, protection of the human fetus and conditions of abortion admissibility of 1993 provides that the right to life shall be protected also in the prenatal stage. On the other hand, the same law notes that there are some conditions that make the right to life seems as if it was suspended. These conditions raise many questions and reservations. Considering them, one can see that some children conceived lose their subjective nature, and hence the right to life. In many cases, as we compare the woman’s health and the right to life of her child, it turns out that her health is more valuable. In such cases, the child is sentenced to death.