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A Right to Life of the Unborn Life

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28 April 2025
This blog explores the question: should a mother be charged with manslaughter if her unborn child dies because of drug abuse during pregnancy?

By Jet Dorhout

Some babies are born addicted. When the cause is maternal drug use, the question isn’t just medical, it’s criminal. This blog explores the controversial but critical question: should a mother be charged with manslaughter if her unborn child dies because of drug abuse during pregnancy? Lack of consensus about the question ‘When does life begin?’ between contracting parties of the Convention on the Rights of the Child (CRC) results in indecisiveness regarding the treaty substance. I will discuss the lack of legal protection afforded to the unborn child by article 6 of the Convention on the Rights of the Child (CRC), and the implications this has for the Netherlands to comply with international obligations deriving from this Convention.

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