1/20078. PJE

Title:
1/20078. PJE

Court/Judicial Body:
Hungarian Supreme Court

Date:
March 12, 2008

Instruments Cited:
Act XX of 1949 The Constitution of the Republic of Hungary (Article 54(1): Inherent right to life and human dignity; Article 70/D(1): Right to the highest possible level of physical and mental health)

Summary:
A disabled child filed a claim for damages alleging that doctors did not properly notify his mother that he would be born with a genetic disease. Because of this, his mother was not able to exercise her right to apply for an abortion.

The Court found that while the mother would have the right to file a claim for damages because of a wrongful birth, her son does not.  The Court reasoned that a child claiming damages for wrongful birth would amount to filing a lawsuit for being alive. As such, this would be inconsistent with the general principles of law.

Excerpts
as translated by CRIN:
"The parents do have the right to decide whether or not they would like the child to be born. However, the foetus itself does not have the right to decide on his own birth. This alleged right cannot be deducted from Art. 54(1) of the Constitution of the Republic of Hungary, which stresses that everyone has the right to life and human dignity. It follows, that the foetus cannot claim damages by stating that it would have been better for him or her to not to have been born at all. The European Court of Human Rights came to the conclusion that the right to life cannot be interpreted as including the right to death (ECHR Pretty v. United Kingdom)."

"Furthermore, the disabled child cannot claim damages under Art. 70/D of the Constitution of the Republic of Hungary. The right to the highest possible level of physical and mental health does not include the right to exercise this right directly."

Citation:
1/20078. PJE

This case summary is provided by the Child Rights International Network for educational and informational purposes only and should not be construed as legal advice.