Tommaso Gazzolo

The Damage to the Child in Wrongful Birth

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Abstract

The essay focuses on the question of the compensation for damages suffered by a child before his birth. Most notably, the Author tries to demonstrate how legal action to compensate the damage caused before birth does not at all imply what some legal scholars and jurisprudence qualify as the «right not to be born». In other words, the right of the child to be compensated for the damage of wrongful birth does not mean that the child has the right to non-existence.

Keywords

  • Right not to be Born
  • Wrongful Life
  • Existence
  • Nature
  • Prenatal Rights

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