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The Perruche judgment and the "right not to be born"
1Ethics Program, Murdoch Childrens Research Institute, Royal Childrens Hospital, Flemington Road, Parkville, Victoria, 3052, Australia. spriggsm@murdoch.rch.unimelb.edu.au
Journal of Medical Ethics
|April 6, 2002
Abstract:
The French government has given in to public pressure and overturned a controversial legal ruling which recognised the right of a disabled child to seek damages. Most notably, the ruling, widely described as establishing a child's right "not to be born", had provoked "outrage" amongst groups defending the rights of the disabled and led to a ban on prenatal scans by French gynaecologists. Once again, only parents will be able to seek damages but some people think the ruling has been misinterpreted.