A Legal Review on Mothers' Responsibility in Observing Fetal Health and Hygiene

Roshan, Mohammad; Abiri, Fatemeh

doi:10.22099/jls.2022.40054.4318

A Legal Review on Mothers' Responsibility in Observing Fetal Health and Hygiene

Document Type : Research Paper

Authors

Mohammad Roshan ¹
fatemeh abiri ²

¹ Associate Professor of Shahid Beheshti University, Head of Family Law Research Institute of Shahid Beheshti University.

² Department of Private Law, Shahid Beheshti University, Tehran, Iran

10.22099/jls.2022.40054.4318

Abstract

As a potential human being to be treated with respect, the fetus will have several rights including the right to health and hygiene. By taking the biological conditions of the fetus into account, any behavior of mothers, negative or positive, can influence fetal health and hygiene and therefore mother will bear responsibility. By taking this into account, the fetal vulnerability will prevent administering the right to health. Therefore, it is necessary to consider the free will of the mothers within the framework of imperative laws and regulations and compel them to observe fetal health and hygiene to not observe the ill generation and to avoid imposing physical and mental costs on family and society. Currently, there is no law or regulation explicitly obliging mothers to observe fetal health and hygiene. By using a descriptive and analytical approach, this research reviews the legal laws related the pregnant mothers' obligation to observe fetal health and hygiene and finally conclude that:based on laws specified in the constitution of the Islamic Republic of Iran, Civil Code, Civil Liability, Development Code, Bill of Rights, and Women Obligation, Obligation the mother to observe fetal health and hygiene is possible ; However, Due to the prevailing culture in the society and ignoring fetal rights, the obligations of the mother must be legislated.

Keywords