Abstract
When it comes to basic rights of the fetus, including the right to life, theoretical studies around the world on human rights of the fetus still have not reached an agreement on approaches and explanation. Criminal law at the international and national levels still leaves the possibility of protecting the unborn child. Viet Nam’s criminal law is no exception to this trend. In addition, Viet Nam is currently facing human trafficking with new methods and tricks. Children are bought and paid for while still in the womb, then born abroad and given to traffickers. Children are only protected by criminal law for human trafficking if they are born, alive, and detected by the authorities. While the act of trafficking in fetuses is often easily detected by the authorities right from the stage of purchasing and paying, it is not feasible to prosecute this act for human trafficking under the criminal law of Viet Nam. This reduces the criminal law’s ability to suppress crime, at the same time, leaves many fetuses unprotected. Should criminal law be left outside the legal mechanism to protect children while in the fetal stage? This article suggests considering fetus trafficking as a form of human trafficking and to criminalize fetus trafficking. Criminal law should recognize fetus trafficking as a sign of crime or an early stage in the criminal process of human trafficking, because children need special care and protection, including appropriate legal protection before and after birth, due to their physical and mental immaturity.
Highlights
IntroductionAmong them is the use of embryos or fetuses for any gain
There is no international legal document that provides a definition of fetus trafficking, but through the definitions of human trafficking and children trafficking, it can be understood that fetus trafficking is a method of children trafficking for various purposes
From a human right perspective, the main purpose of this article is to clarify the rights of fetuses and explain why it is necessary to consider the act of fetus trafficking a method of human trafficking
Summary
Among them is the use of embryos or fetuses for any gain It can be trafficking in persons for illegal removal of their organs (Levchenko et al, 2011). There is no research to shed light on this issue, but a new born child seem to be sold to a third person who wants to have a child for adoption, or for inhumane purposes and organ trade.
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