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Family Law

The leading authority on all aspects of family law

21 SEP 2011

What's in a name? The vagaries of Vo v France [2005] CFLQ 97

This commentary traces the stormy passage through the French and European courts of Mrs Vo's attempt to obtain recompense for the loss of her fetus as a result of a remarkable series of medical mishaps. The case, which crystallises the problems of the legal and moral rights of the fetus, was judged in the context of abortion. The commentator, in company with the minority in the European Court of Human Rights, deprecates this and argues that the court avoided an excellent opportunity to reconsider the now outdated legal attitude to fetal status. A plea is made for the recognition of an offence of feticide.

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