Abortion time limits
A briefing paper from the BMA
May 2005
Part two - Factors influencing views on abortion time limits
The legal status of the fetus
Although there is ongoing debate about the moral status of the fetus, it is clear in UK law that the fetus does not have any separate legal interests capable of being taken into account by a court. [Go to reference 31]. Although it had been suggested that the right of everyone to have their life protected by law, under Article 2 of the European Convention of Human Rights, could extend to the unborn, this was rejected in 2004 in the case of Vo v France. [Go to reference 32]. In that case the European Court of Human Rights held that Article 2 did not confer a right to life that extended to a fetus. Given the wide degree of variance on this point in the domestic law of individual states, determination of the commencement of life came within the margin of appreciation, which gives states discretion regarding interpretation where no consensus exists in Europe.