Concept of person, entitlement to the right to life and abortion

Abstract

For the majority or our legal community, the legal concept of natural person is equivalent to that of human being from the moment of conception and, therefore, from that moment a person is entitled to the right to life. However, there is no constitutional basis for sustaining that opinion. Foreign and International have never affirmed that a human being is a legally person from the moment of conception. That does not mean that a human being is unprotected before being born. The law must provide that protection, but doing so does not mean entitling a human being to the right to life. Only in the German case the nasciturus is entitled to such a right, although at the same time abortion is permitted. In the end, protecting the life of the unborn and allowing abortion are compatible positions, as demonstrated by all the constitutional case law that has been passed on this matter.