Jerzy Szyran OFMConv,
Karl Baranouski OFMConvThe life of every person, including the unborn child, considered in theological
and social terms, is seen as inestimable value. Actions taken against conceived
life have a negative impact on society. Hence the need to recognize child
conceived as object and subject of the law. To prevent the destruction caused
by negating the life, positive law should create such standards which would
protect the life of that child. In addition, society must recognize that a child
conceived is a legal entity. Putting together the articles of international and Polish
law, one can conclude that a child conceived has the right to live. However,
everything changes, when we pass from theory to practice. The Law on family
planning, protection of the human fetus and conditions of abortion admissibility
of 1993 provides that the right to life shall be protected also in the prenatal
stage. On the other hand, the same law notes that there are some conditions
that make the right to life seems as if it was suspended. These conditions raise
many questions and reservations. Considering them, one can see that some
children conceived lose their subjective nature, and hence the right to life.
In many cases, as we compare the woman’s health and the right to life of her
child, it turns out that her health is more valuable. In such cases, the child is
sentenced to death
