The Impact of European Human Rights on Childbirth

  • Marlies EggermontEmail author
  • Marlies Eggermont
Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 30)


In accordance with Article 8 of the European Convention of Human Rights (ECHR), each Member State has to offer a legal framework to future parents to make a free choice concerning the place of birth of their baby (in a hospital or at home). If complications occur during the delivery and damage is done due to a medical fault, the responsible healthcare worker has to be made accountable. In order to be in conformity with Article 2 ECHR, every Member State has to set up a judicial system which offers the procedural guarantees to the parents to examine and finally determine the liability of the healthcare worker. The Belgian legislation offers the parents a real free choice and has a legal system which can result in criminal, civil and disciplinary sanctions in case of medical negligence.


Healthcare Worker Postnatal Care European Convention Judicial System Criminal Procedure 
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Copyright information

© Springer Science+Business Media Dordrecht 2014

Authors and Affiliations

  1. 1.Artevelde University College of GhentGhentBelgium
  2. 2.Department of Social LawGhent UniversityGhentBelgium

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