Abstract

The recent UN publication Legislative History on the Convention on the Rights of the Child issued by the Office of the High Commissioner for Human Rights provides strong support for the Conventions recognition of the human rights of the unborn child and States parties obligations to protect them. Recognition of the child before birth was established and maintained with consistency and continuity throughout the entire body of international human rights and humanitarian foundation instruments. Recognition of the child before birth as a person entitled to legal protection is enshrined in the 1948 Universal Declaration of Human Rights. Failure by individual states to protect children at risk of abortion violates a specific human right from which domestic laws are not permitted to derogate. Individual states which have ratified the ICCPR have committed to providing protective laws for the child before as well as after birth.Keywords: birth; child; CRC legislative history; ICCPR; international human rights; rights of the child

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