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Pregnancy of a mentally disabled person in light of criminal law | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 12, Volume 14, Issue: 2 part 2, December 2024, Pages 274-295 PDF (781.17 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.153760.1351 | ||
| Author | ||
| Abdul Khaliq Abdul Hussein Salman* | ||
| University of Karbala - College of Law | ||
| Abstract | ||
| The mind is the site of cognition and awareness, with the latter being the basis for assessment. This innate inclination is what empowers an individual to grasp the sciences. Without mental clarity, there is a lack of responsibility or obligation. An individual with a mental disease loses the ability to differentiate between reality and fantasy, resulting in a complete loss of perception. Nevertheless, the patient may encounter a partial impairment that does not have a substantial effect on their social function. Both cases involved the legal recognition of certain rights for mentally handicapped individuals and offered criminal protection over their pregnancy. Therefore, it is crucial that regular folks comply with these rights, and no one is allowed to ignore or violate them. The rights to life, personal privacy, and human dignity are demonstrated by the ban of infringing upon her bodily safety. Scientific progress has led to the formation of several legal concerns in the criminal law system that relate to the pregnancy of a mentally impaired person. These topics encompass the termination of an individual's pregnancy in cases of sexual assault, the commercialisation of their uterus, the disposal of their reproductive cells, or the unnecessary performance of surgical procedures. Furthermore, there is a concern regarding the use of injections or other medical drugs for the purpose of preventing pregnancy | ||
| Keywords | ||
| Pregnancy; Uterus; Reproductive Tissues; Disabled; Mind | ||
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