Health, Disability & Parental Interests: Adopting a Contextual Approach in the Reproductive Torts

in European Journal of Health Law
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

Abstract

Illustrating the limitations of the notion that caring for a disabled child is harmful and sufficiently distinctive from the (judicially viewed harmless) experience of caring for non-disabled children, this article takes issue with the differential outcomes of the reproductive torts where success pivots upon the presence or absence of disability. Since caring for any child must be seen as bringing about a significant caring responsibility, if there is a difference in the burden that results, this will be a matter of extent, not kind. Also taking a critical view of the House of Lords recent determination of Rees v Darlington Memorial Hospital, this article notes that nor can a "common approach" to all claims of wrongful conception and birth offer an equitable alternative. Ignoring context and treating all reproductive outcomes equally for the purposes of compensation is certain to result in manifest unfairness. The thrust of the argument is that it is essential that the law embrace a more contemporary and contextual approach, based on the value of reproductive autonomy.

Health, Disability & Parental Interests: Adopting a Contextual Approach in the Reproductive Torts

in European Journal of Health Law

Sections

Information

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 4 4 2
Full Text Views 15 15 8
PDF Downloads 4 4 2
EPUB Downloads 0 0 0