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The Mother of All Crimes - Human Rights, Criminalization and the Child Born Alive (Hardcover)
Loot Price: R3,976
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The Mother of All Crimes - Human Rights, Criminalization and the Child Born Alive (Hardcover)
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This book considers the appropriate response of the criminal law
with regard to women whose acts or omissions in pregnancy cause the
death or injury of the child born alive. It compares recent
developments in English law in the light of the Human Rights Act
1998, with those in America, which has seen an enormous growth in
litigation over the last two decades. In England and Wales, the
'born alive rule' is currently applied only to third parties who
injure the fetus, which is later born alive and dies as a result of
these injuries. In some American states, a rule of similar origins
has been extended so as to criminalize recent mothers whose acts or
omissions in pregnancy caused injury or death to the resulting
child. The author examines the implications of the laws in both
systems, and also looks at the rights of the mother and child in
relation to the obligations of the state to protect both of them.
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