Abstract

GALVIS PLAZAS, Martha Ximena. Limits and Legal Scope on Nasciturus Rights. Prolegómenos [online]. 2019, vol.22, n.43, pp.93-107. ISSN 0121-182X.  https://doi.org/10.18359/prole.3188.

Through an assessment and comparison of different laws, including Colombian legislation, this paper addresses conflicting positions that, on the one hand, recognize the nasciturus at any stage of its development as a bearer of the right to life, and, on the other hand, identify the unborn only as a potential human being who acquires personal rights, including the right to life, only as of birth. In conclusion, the author determines that the science of law has contributed to the meaning and role of nasciturus, which exerts an influence on its treatment, as well as on the civil and moral responsibilities borne by the State and other legally recognized entities; however, in scenarios of war and violence, reality reflects a lack of protection and mistreatment toward the unborn.

Keywords : Law; Nasciturus (Unborn); Person; Violence.

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