AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.

As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.

AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.

Articles published in AUCI undergo an independent peer review process, which is anonymous on both sides. Reviewers from the field give their opinion on the scientific quality of the paper and the suitability of publication in the journal. In the case of comments, the opinion is sent back to the author with the possibility of revising the text (see Guidelines for Authors – Per Review Process for more details).

The AUCI journal (ISSN 0323-0619) is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries). AUCI has been assigned a periodical registration number MK E 18585.

In 2021 the journal AUCI was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database Scopus. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite Scopus database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.

AUCI is an open journal and all its content is published both on the faculty website and on the Karolinum Press website. Access to it is free of charge. The homepage of AUCI is on the Karolinum Press website.

The AUCI journal uses the Creative Commons license: CC BY 4.0.

Long-term archiving of the digital content of the journal is provided by Portico.

AUC IURIDICA, Vol 70 No 3 (2024), 113–126

The Right to Life of the Unborn in the Universal Declaration of Human Rights: Through the Prism of the Drafting Process

Sergiy Panasyuk

DOI: https://doi.org/10.14712/23366478.2024.140
published online: 10. 09. 2024

abstract

After the 75th anniversary of adopting the Universal Declaration of Human Rights, we can state that some of its provisions still cause discussions about a basic and inherent right – the right to life. Getting a new “breath” after the Roe v. Wade case’s overturning, the battle between women’s abortion rights supporters and the protectors of the right to life for the unborn seems to get a new round. Worldwide experts in different fields start to find new arguments or remember the old ones to have solid proof in the discussions. It is too hard to find a more fundamental international document in the human rights field than the Universal Declaration of Human Rights, which can be used in this case. Many scholars’ papers claim that the Declaration is only for an already-born person and does not cover the unborn one. However, such a vision is incorrect and causes many misunderstandings and false interpretations of the international basis of human rights protection. This work will try to dispel the myth that the Declaration was written only for a born person. After analyzing hundreds of documents from the Declaration drafting process, using historical facts and drafters’ statements, we hope to shed light on the real essence of the Universal Declaration of Human Rights about the right to life.

keywords: Universal Declaration of Human Rights; abortion; unborn life; right to life; human rights

references (20)

1. COPELON, R. et al. Human Rights Begin at Birth: International Law and the Claim of Fetal Rights. Reproductive Health Matters. 2005, Vol. 13, No. 26, pp. 120-129. CrossRef

2. DAVID, H. Abortion in Europe, 1920-91: A Public Health Perspective. Studies in Family Planning. 1992, Vol. 23, No. 1, pp. 1-22. CrossRef

3. DURAND, R. Abortion: Medical Aspects of Rex v. Bourne. The Modern Law Review. 1938, Vol. 2, No. 3, pp. 236-239.

4. FATHALLAH, Z. Moral Work and the Construction of Abortion Networks: Women's Access to Safe Abortion in Lebanon. Health and Human Rights. 2019, Vol. 21, No. 2, pp. 21-31.

5. FLOOD, P. Does International Law Protect the Unborn Child? In: KOTERSKI, J. (ed.). Life and Learning XVI: Proceedings of the Sixteenth University Faculty for Life Conference at Villanova University 2006. Charlottesville: University of Virginia, Faculty for Life, 2007, pp. 3-42.

6. Global Citizenship Commission. Executive Summary. In: BROWN, G. (ed.). The Universal Declaration of Human Rights in the 21st Century: a Living Document in a Changing World. Cambridge: Open Book Publishers, 2016, pp. 13-23. CrossRef

7. HANNUM, H. The UDHR in National and International Law. Health and Human Rights. 1998, Vol. 3, No. 2, pp. 144-158. CrossRef

8. HAYLER, B. Abortion. Signs. 1979, Vol. 5, No. 2, pp. 307-323. CrossRef

9. HUMPHREY, J. The Universal Declaration of Human Rights. International Journal. 1949, Vol. 4, No. 4, pp. 351-361. CrossRef

10. JANAUDA. Abortion in France in 1977. Contracept Fertil Sex. 1977, Vol. 5, No. 4, pp. 343-349.

11. KING, P. The Juridical Status of the Fetus: A Proposal for Legal Protection of the Unborn. Michigan Law Review. 1979, Vol. 77, No. 7, pp. 1647-1687. CrossRef

12. MAIRA, G. - CASAS, L. - VIVALDI, L. Abortion in Chile: The Long Road to Legalization and its Slow Implementation. Health and Human Rights. 2019, Vol. 21, No. 2, pp. 121-131.

13. MORSINK, J. World War Two and the Universal Declaration. Human Rights Quarterly. 1993, Vol. 15, No. 2, pp. 357-405. CrossRef

14. NIE, J.-B. Chinese moral perspectives on abortion and foetal life: an historical account. New Zealand Bioethics Journal. 2002, Vol. 3, No. 3, pp. 15-31.

15. PROSSER, W. Handbook of the Law of Torts. 3rd ed. St. Paul: West Publishing Company, 1964.

16. ROTH, H. P. C. Chang and the Universal Declaration of Human Rights. Philadelphia: University of Pennsylvania Press, 2018.

17. The world's first artificial womb for humans. In: BBC: News [online]. 16. 10. 2019 [cit. 2024-05-02]. Available at: https://www.bbc.com/news/av/health-50056405.

18. TOZZI, P. International Law and the Right to Abortion. International Organizations Law Group Legal Studies Series. 2010, No. 1, pp. 1-23.

19. World's first artificial womb facility is a creepy glimpse of pregnancy in future, see what it is. In: The Economic Times: News [online]. 20. 12. 2022 [cit. 2024-05-02]. Available at: https://economictimes.indiatimes.com/news/international/us/worlds-first-artificial-womb-facility-is-a-creepy-glimpse-of-pregnancy-in-future/articleshow/96203552.cms?from=mdr.

20. ZAMPAS, C. - GHER, J. Abortion as a Human Right - International and Regional Standards. Human Rights Law Review. 2008, Vol. 8, No. 2, pp. 249-294. CrossRef

Creative Commons License
The Right to Life of the Unborn in the Universal Declaration of Human Rights: Through the Prism of the Drafting Process is licensed under a Creative Commons Attribution 4.0 International License.

230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478

Download