Fetal rights: from health policy to fetal rights charter

The family is the smallest and main social institution that has been given special importance in Islam. The formation and durability of any society requires the determination of mutual rights and duties among its people. Accordingly, in Islam, the observance of the rights of children is recommended. Since Islam is a complete religion, it also deals with the rights of children before birth (fetal period) which includes material and spiritual rights. Ignoring these rights can have very long-term effects for individuals. In recent years, fetal rights have become a topic of great interest in the world. According to the existing texts, the rights of the fetus are divided into the right to life, the right to health and the rights related to the fetal and childbirth period. The right to life and the right to health are the most fundamental human rights and the natural rights of every human being. Natural rights are rights that are not bound by the laws and customs of any particular culture or government and are undeniable. Every human being, regardless of their location, whether in the womb or outside, deserves the basic right to life, including the right to life and freedom. One of the other fetal rights which is in line with the right of health, is the right of fetus’ mental health, which requires maintaining the mental health of the mother. The inappropriate uterine environment in which the fetus grows can endanger the health of the fetus and the future of the child. Another fundamental right of the fetus is the right to independent but parallel medical care with the mother. According to this law, in cases of medical malpractice, the fetus is given equal rights with its parents. In principle ۲۰ of the Iranian constitution, attention has been paid to the rights of the fetus as a human being, and one of the most important rights of the fetus that has been introduced is to pay attention to its dignity. One of the principles of preserving the dignity of the fetus is the natural course of childbirth without intervention and at the appointed time. Intervention in childbirth is allowed only in case of medical necessity because any unnecessary action may cause irreparable damage to the fetus. One of the cases contrary to preserving the honor and dignity of the fetus is untimely cesarean sections on the desired dates of the mother, which are only performed in some developing countries, including Iran. Disrespect and mistreatment are important in health care delivery centers and by health workers but have been treated less as an element involved in low quality perceived care. Studies have shown that women around the world are exposed to disrespect and violent behavior from maternal care providers. One of the most important causes of violence during childbirth is the lack of knowledge of physicians, midwives and other health providers about the rights of the fetus and mother. The lack of a fetal rights charter in the country can increase the vulnerability of pregnancy, especially the vulnerability of the fetus, and multiply the problems of this period. Therefore, formulating a policy in this regard can be a solution. Since policies are formed as a response to social problems and social problems change over time, it can be said that policies should also be dynamic and change and update according to the conditions. In particular, policy-making in the health sector has a special place compared to other social sectors due to its special nature. Studies have shown that one of the policy problems in the field of health in Iran is the issue of fetal rights, which is not recognized and there is no charter for respecting these rights, and often the criminal aspect of fetal rights has been paid and the field of health has been less considered. The lack of clear laws on the rights of the fetus and the lack of awareness of health officials about these rights, in addition to the numerous physical and psychological injuries to the fetus, can impose demographic injuries on the community and create the basis for intentional miscarriages, induction and stimulation of unnecessary childbirth, elective caesarean section and the lack of attention to the health of the fetus and unwanted injuries to him. Although in some countries, including Iran, there were laws on the protection of the rights of the fetus, the lack of a legal charter in this regard in Iran and other countries is a major gap in the field of policy making, and health policy makers can defend the health of the fetus by drafting a legal charter so that they can take a step towards the dignity of the fetus, the right to life and the right to health, and the health of the family and society, and subsequently play a valuable role in the policy of childbearing.

کلیدواژه ها:

Fetal well-being ، Policy-making study ، Charter development