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Finnish Medical Association
Mäkelänkatu 2
00500 Helsinki
P.O.Box 49
FI-00501 Helsinki
Phone +358 9 393 091
Fax +358 9 393 0794
fma@fimnet.fi

THE RIGHTS OF THE UNBORN

Not valid since the meeting of the Executive Board of the Finnish Medical Association 26 September 2007!

Approved by the Executive Board of the Finnish Medical Association 11 June 1996

Preamble

The basic ethical duties of the doctor are to respect life and to serve humanity. In some instances the doctor may find him/herself in a situation, where these commitments are in contradiction with the wishes of the patient and sometimes they are in contradiction with the society. This is especially true when the life and well-being of an embryo or foetus is in question.

The concepts of humanity and human rights have taken millenniums to evolve. Written "bills of rights" during the last few centuries have basically granted citizens protection against their governments and some power to announce individual opinions. Philosophers of the age of enlightenment maintained, as expressed in the United States Declaration of Independence (1776) that all people are "endowed by their Creator with certain unalienable rights". These "natural rights" were distinct from "civil rights" approved by the governments. In 1948 the United Nations published the universal declaration of human rights as a standard for all nations. In the declaration of the rights of the child the UN declared in 1959 that: "The child by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection before as well as after birth".

In order to explain the ethical background of the doctor and make it understood and accepted by the general public, the World Medical Association gives a declaration on the rights of the unborn.

Beginning of life

Life on earth has begun in ancient times and then developed into millions of different living species.

The life of an individual human being begins with conception and ends with death.

Civil rights

Societies have created their constitutions and other legal and moral codes, according to which rights are granted to the members of the society. The whole society is committed to defend these rights. Rights accumulate gradually with age, full rights of the society are usually granted when an individual reaches the full legal age.

Right to life

The right to life is the most basic of all rights, and belongs also to the embryo in a mothers womb. Societies have to provide legislation concerning events that invade this right.

The physician respects all forms of life. Different societies have in laws or otherwise defined at which stage the life of an embryo or foetus is protected like the life of a new-born baby. From the medical point of view this stage is at latest reached when the foetus could continue life outside the mothers womb.

Right to be born wanted

Every child has the right to be born in a socially safe environment and have a mother and a father.

To avoid unwanted pregnancies young people should early enough be taught a responsible attitude in the establishment of a family and in getting own children. They have to be taught the basic facts of reproduction and be informed about family planning and contraception. Counselling ought to be accessible to all.

It is recommended that those parents who so want can get relevant information about the health of their expected child. Expert counselling has always to be part of releasing information of the sickness or heritage of the unborn child.

Right to healthy development

The pregnant woman must not be exposed to work or environment which could carry a risk to the normal development of the unborn.

Health counselling must be guaranteed to the pregnant woman, so that she could act in the best interest of the unborn and avoid risks which could jeopardise its healthy development.

During the pregnancy the mother must be offered regular controls to exclude and prevent diseases and other risks.

Diseases threatening the mother or the unborn have to be taken care of in proper fashion. Check-ups and treatments in the interest of the unborn have to be easily available to the mother.

Right to safe delivery

Risk factors threatening the safety of the delivery have to be searched for with regular check-ups and if possible treated during pregnancy. It is advisable to give the mother and the father counselling in order to prepare them to the delivery and nursing of the new-born child.

In choosing the time, place and method of delivery the safety of the mother and the baby is of the highest priority. Hygienic and well equipped facility as well as well trained personnel have to be available to the mother.

Physician as the protector of the unborn

The physician shall in all possible ways try to promote the rights of the unborn given in this declaration.

Updated 23.10.2007 klo 9:33

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