{"title":"“最小出生”:捍卫生命的基本权利","authors":"Débora Gozzo","doi":"10.36751/rdh.v6i2.41","DOIUrl":null,"url":null,"abstract":"This article deals not only with the right to life of an already conceived but still unborn child (that is in short, with the child´s right not to be subjected to an abortion), but it also deals with its right to life after its birth. Many circunstances are known in which women not only abandoned the child after giving birth to it, but also killed it, which is of course a worse scenario. A solution for this problem could be so called “accouchement sous ‘ X’” as stipulated by the French Civil Code. Such a solution is also being discussed in Germany since 2000. This article aims at investigating this solution´s suitability for Brazil, where under the Constitution the right to life belongs to the fundamental rights","PeriodicalId":429341,"journal":{"name":"Revista Direitos Humanos Fundamentais","volume":"72 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"\\\"Nascimento an�nimo\\\": em defesa do direito fundamental � vida\",\"authors\":\"Débora Gozzo\",\"doi\":\"10.36751/rdh.v6i2.41\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This article deals not only with the right to life of an already conceived but still unborn child (that is in short, with the child´s right not to be subjected to an abortion), but it also deals with its right to life after its birth. Many circunstances are known in which women not only abandoned the child after giving birth to it, but also killed it, which is of course a worse scenario. A solution for this problem could be so called “accouchement sous ‘ X’” as stipulated by the French Civil Code. Such a solution is also being discussed in Germany since 2000. This article aims at investigating this solution´s suitability for Brazil, where under the Constitution the right to life belongs to the fundamental rights\",\"PeriodicalId\":429341,\"journal\":{\"name\":\"Revista Direitos Humanos Fundamentais\",\"volume\":\"72 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"1900-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Revista Direitos Humanos Fundamentais\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.36751/rdh.v6i2.41\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Revista Direitos Humanos Fundamentais","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.36751/rdh.v6i2.41","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
该条不仅涉及已怀孕但尚未出生的儿童的生命权(简而言之,即儿童不受堕胎的权利),而且还涉及其出生后的生命权。众所周知,在许多情况下,妇女不仅在生下孩子后抛弃孩子,而且还杀死孩子,这当然是一种更糟糕的情况。这一问题的解决办法可以是法国民法典所规定的所谓“accouchement sous ' X”。自2000年以来,德国也一直在讨论这样的解决方案。本文旨在调查这一解决方案是否适合巴西,因为根据宪法,生命权属于基本权利
"Nascimento an�nimo": em defesa do direito fundamental � vida
This article deals not only with the right to life of an already conceived but still unborn child (that is in short, with the child´s right not to be subjected to an abortion), but it also deals with its right to life after its birth. Many circunstances are known in which women not only abandoned the child after giving birth to it, but also killed it, which is of course a worse scenario. A solution for this problem could be so called “accouchement sous ‘ X’” as stipulated by the French Civil Code. Such a solution is also being discussed in Germany since 2000. This article aims at investigating this solution´s suitability for Brazil, where under the Constitution the right to life belongs to the fundamental rights