An introduction to the beginning of legal personality Dr PL Ndlovu

At common law, life begins at birth and so does legal personality and legal subjectivity. For several public policy considerations, predating life to conception has been strongly resisted in many jurisdictions. Is the fetus a legal person or not? Does a foetus have any rights at law? If it does not have any rights and it is not a legal person, on what basis then is it given protection? Prenatal life is certainly protected in terms of domestic and international law. There exists a tension between the protection of prenatal life on the one hand against the protection and promotion of the rights of women to make reproductive life choices. Due to pursuit of rights based on inheritance or emanating from delict, the need to recognise pre-birth rights and interests has remained a subject of intellectual engagement.

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Very helpful 👍 👌 😀