[Selected legal aspects of the protection of the unborn child in the light of the draft amendment to the Polish Penal Code]. / Wybrane aspekty prawne ochrony dziecka poczetego w swietle projektu nowelizacji Kodeksu Karnego.

Criminal Law Codification Commission, acting at the Ministry of Justice prepared proposals for amendments in the Polish Penal Code, related to offenses against life and health that were presented to the public in 2013. The draft provides for the protection of the child in the prenatal stage, introducing a new category of the entity to be protected, which is "unborn child" and "unborn child able to live outside the mother's body". These regulations provide for mothers criminal liability and responsibility of the medical staff (a doctor), as well as the child's father to the extent in which he is obliged to take steps aimed at rescuing the fetus. It is doctor's responsibility to show particular care for human health and life since a doctor has special medical knowledge and that is regulated by art. 30 of the act on professions of doctor and dentist. The proposed rule changes were not brought before the legislature in the current term of the Sejm (2011-2015), but due to the development of medicine, including obstetrical ultrasound, which enables visualization of a child that moves in the womb and is treated as a separate entity with distinct personal features the grounds are given for the opinion that the issue of the legal status of the unborn child, particularly in the context of causing death of a child in the last phase before birth as a result of medical malpractice or other external factors will be back in the public discussion.

Maternal Experiences of Their Unborn Child's Spiritual Care: Patterns of Abstinence in Iran.

Preparing for pregnancy and childbirth has significant association with spirituality. Review of the literature shows that the spirituality of the "unborn child" has not yet attracted much critical attention. This study was conducted with the aim of exploration of maternal behaviors associated with the spiritual health of the unborn child. A qualitative approach was used to investigate the research question. Twenty-seven in-depth unstructured interviews were conducted with 22 Iranian mothers in Tehran city (Iran) who were pregnant or had experienced pregnancy in 2012-2013. Data analysis was carried out using a conventional content analysis approach. "Refusing to eat forbidden food," "Overcoming mental adversity," "Regulating one's social interactions," "Preventing the effects of harmful environments on the senses," "Avoidance of using insulting and abusive language," "Keeping one's mind and spirit free from evil traits," and "Refraining from damaging behaviors" were important experiences that the mothers used for "Holistic Abstinence." The results provide new information about the subjective experiences of Iranian women on the patterns of abstinence for the midwives, research community, policy makers, and planners of maternal and child health care services in order to contribute to holistic, culturally, and religiously competent prenatal care for Muslim pregnant women throughout the world.

[ABORTION AND CHARTER FOR THE EMBRYO BETWEEN THE ANCIENT WORLD AND THE THIRD MILLENNIUM]. / DARE VOCE AI NON-NATI: ABORTO E STATUTO GIURIDICO DELL'EMBRIONE TRA TRADIZIONE IPPOCRATICA E DIRITTO CONTEMPORANEO.

In 2012 the Italian Court of Cassation recognized a young woman the right not to be born and a compensation for her Down's syndrome. Before her birth, her parents asked their gynaecologist for abortion in case he had found any patology affecting the baby. The clinical tests didn't reveal the syndrome, so, after the baby's birth, the doctor was sued for damages. A similar case had occurred in France, where the High Court affirmed that constitution is based on the right to live, not to die. A debate was opened, in which the hippocratic oath has been used to support the pro vita position. This article focuses on whether, when and why the hippocratic tradition allows abortion; when and by whom the embryo was considered to be a human being; if, according to the few sources we have, a charter for the embryo existed in ancient times.

Spirituality at the beginning of life.

AIM: The aim of this paper was to explore the issues surrounding the spirit of the unborn child. BACKGROUND: Pregnancy and birth have been recognised to have a spiritual nature by women and health professionals caring for them. Midwives and nurses are expected to have a holistic approach to care. I suggest that for care to be truly holistic exploration is required of the spiritual nature of the unborn fetus. METHODS: Historical, philosophical and religious views of the spirit of the fetus, are explored as well as those of women. Investigation was made of views of the timing of 'ensoulment'. RESULTS: The review demonstrates the value women place on the sacredness of pregnancy and birth, and that the spiritual nature of the unborn should be recognised. CONCLUSION: This paper shows that the views and values women have of pregnancy and birth and the powerful, spiritual relationship they have with the unborn, indicates that further discussion and research needs to be carried out in this area. RELEVANCE TO CLINICAL PRACTICE: It is recommended that all who work with women who are pregnant should recognise the spiritual nature of the unborn when carrying out care.

Reasonable magic and the nature of alchemy: Jewish reflections on human embryonic stem cell research.

The controversy about research on human embryonic stem cells both divides and defines us, raising fundamental ethical and religious questions about the nature of the self and the limits of science. This article uses Jewish sources to articulate fundamental concerns about the forbiddenness of knowledge in general and of knowledge thought of as magical creation. Alchemy, and the turning of elements into gold and into substances for longevity, and magic used for the creation of living beings was at stake in various Talmudic texts. Since contemporary discourse calls regenerative science magical, and makes claims about its restorative power, careful reflection on when magic is forbidden and when it is responsible allows a novel understanding of ethical questions in stem cell research.

Chinese moral perspectives on abortion and foetal life: an historical account.

It is accepted wisdom that, at the present time as well as historically, the typical Chinese attitude toward abortion is very permissive or 'liberal'. It has been widely perceived that Chinese people usually do not consider abortion morally problematic and that they think a human life starts at birth. As part of a bigger research project on Chinese views and experiences of abortion, this article represents a revisionist historical account of Chinese moral perspectives on abortion and foetal life. By presenting Buddhist and Confucian views of abortion, traditional Chinese medical understandings of foetal life, the possible moral foundation of a 'conservative' Confucian position, and some historical features of abortion laws and policies in twentieth-century China, this paper shows that blanket assumptions that the Chinese view of abortion has always been permissive are historically unfounded. As in the present, there existed different and opposing views about abortion in history, and many Chinese, not only Buddhists but also Confucians, believed that deliberately terminating pregnancy is to destroy a human life which starts far earlier than at birth. The current dominant and official line on the subject does not necessarily accord with historical Chinese values and practices.

Medical ethics in India.

Medical ethics in the Indian context is closely related to indigenous classical and folk traditions. This article traces the history of Indian conceptions of ethics and medicine, with an emphasis on the Hindu tradition. Classical Ayurvedic texts including Carakasamhita and Susrutasamhita provide foundational assumptions about the body, the self, and gunas, which provide the underpinnings for the ethical system. Karma, the notion that every action has consequences, provides a foundation for medical morality. Conception, prolongation of one's blood-line is an important ethical aim of life. Thus a wide range of practices to further conception are acceptable. Abortion is a more complex matter ethically. At the end of life death is viewed in the context of passage to another life. Death is a relief from suffering to be coped with by the thought of an eternal atman or rebirth.

Neuromaturation of the human fetus.

The fetal human possesses an active central nervous system from at least the eighth week of development. Until mid-gestation the most significant center of activity is the brainstem. By the end of the first trimester, it appears that the brainstem could be acting as a rudimentary modulator of sensory information and motor activity. What importance ought to be attached to such regulatory activity is uncertain. Some argue that it represents a level of integrated activity sufficient to bolster an argument for conferring some measure of standing at this point. Our thinking about sentience is not advanced a great deal, as we as yet have no good way of talking about it at the brainstem level. As for the neocortex, available evidence indicates that it does not become a functional part of the neuraxis until at least mid-gestation. It is not until then that the thalamus--the major gateway for sensory input to the cerebrum--makes its first afferent contacts with the neocortex.

KIE: A review is provided of what is known about the development of the central nervous system of the human fetus. Four processes are featured: the appearance of fetal motor activity; development of the neocortex; establishment of a connection between the neocortex and its major input channel, the thalamus; and maturation of the electrical activity of the brain. Very tentative observations are made concerning the implications of neuromaturational events for the development of fetal sentience and fetal pain.

An historical perspective on the law of personality and status with special regard to the human fetus and the rights of women.

The law of status enabled primitive societies to deal with the rights and duties of different types of persons--including the fetus and its bearer--within the group without the need to create elaborate social mechanisms and legal enforcement to install and perpetuate order in the society. Roman law acknowledged and classified personal status as the primary subject of law. English common law held that the principal aim of society was to protect individuals in their enjoyment of absolute rights. As contract replaced status as the focus of American Constitutional law, personhood became recognized as a potential only after fetal viability.

Abortion ethics.

PIP: Nurses have opinions about abortion, but because they are health professionals and their opinions are sought as such, they are obligated to understand why they hold certain views. Nurses need to be clear about why they believe as they do, and they must arrive at a point of view in a rational and logical manner. To assist nurses in this task, the ethical issues surrounding abortion are enumerated and clarified. To do this, some of the philosophic and historic approaches to abortion and how a position can be logically argued are examined. At the outset some emotion-laden terms are defined. Abortion is defined as the expulsion of a fetus from the uterus before 28 weeks' gestation, the arbitrarily established time of viability. This discussion is concerned only with induced abortion. Since the beginning of recorded history women have chosen to have abortions. Early Jews and Christians forbade abortion on practical and religious grounds. A human life was viewed as valuable, and there was also the practical consideration of the addition of another person to the population, i.e., more brute strength to do the necessary physical work, defend against enemies, and ensure the continuation of the people. These kinds of pragmatic reasons favoring or opposing abortion have little to do with the Western concept of abortion in genaeral and what is going on in the U.S. today in particular. Discussion of the ethics of abortion must rest on 1 or more of several foundations: whether or not the fetus is a human being; the rights of the pregnant woman as opposed to those of the fetus, and circumstances of horror and hardship that might surround a pregnancy. Viability is relative. Because viability is not a specific descriptive entity, value judgments become part of the determination, both of viability and the actions that might be taken based on that determination. The fetus does not become a full human being at viability. That occurs only at conception or birth, depending on one's view of ensoulment. The fetus is owed some moral obligations because of its greatly increased potentiality. After a certain point it deserves legal and moral protection. A woman would have the right to be relieved of carrying the fetus, but she would not have the right to the death of the fetus. A significant moral difference exists in these 2 concepts, and it is this issue that forms the basis of the debate concerning the conflict between maternal and fetal rights. When the rights of the fetus and those of the pregnant woman come into direct conflict the rights of the fetus are always subordinated to those of the women. The 3rd ethical foundation of the abortion debate, that of circumstances of horror and hardship surrounding the pregnancy, is really a combination of the first two. A fetus that is known to suffer from disease or deformity has as many or as few rights vis-a-vis the pregnant woman as does a perfectly healthy fetus. The assignment and hierarchy of fetal rights is not dependent upon the circumstances of conception. The next concern is whether the state can enter the private social spheres to regulate the personal activities of individuals. The Supreme court has never made a statement regarding the moral permissibility of abortion. The Court simply has prevented individual states from interfering with a woman's action based on her personal convictions. This is an important difference, and no step should be taken to abrogate this fundamental civil right.^ieng