The legal problems relating to a child's right to life in the European Union

Abstract

Recent legal changes brought about in European countries may be affecting the child’s right to life. The ever-evolving legal systems in different countries are perhaps choosing to protect other rights, or strengthening them. However, one wonders whether others’ rights are harmed when there is a conflict of rights between different persons under the European Charter of Fundamental Rights. This thesis makes reference to all these changing laws, more specifically, the laws on abortion, infanticide, and child euthanasia amongst others, and attempts to analyse their effect on the protection of the right to life of the child. This thesis will delve into what really constitutes the right to life, the issue of the beginning of life, and whether the right to life also includes the right to termination of life. While the right to life is indeed fundamental, this thesis questions its practical implementation with regard to how the child’s right to life is protected, especially due to the child’s intrinsic vulnerability. The legal safeguards in place to protect the right to life under different circumstances are also discussed. One may question how these safeguards are implemented and whether these are enough. Obviously, changes of the laws in different countries that may be affecting the child’s right to life may be discussed only once the legal systems of different countries are comparatively examined. Ultimately, this thesis probes into the above in order to analyse whether the right to life is actually protected, and whether improvements may be made, mainly in the Maltese legal system.