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The Impact of European Human Rights on Childbirth

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

Abstract

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.

Keywords

Healthcare Worker Postnatal Care European Convention Judicial System Criminal Procedure 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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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