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R. v. Sullivan : ウィキペディア英語版
R v Sullivan (Canada)

''R v Sullivan'', () 1 S.C.R. 489 was a decision by the Supreme Court of Canada on negligence and whether a partially born fetus is a person.
==Background==
Two individuals were hired as midwives, though they were not members of the medical profession. During the childbirth, which took place in a home rather than a hospital, the mother's contractions stopped after the child's head appeared. The midwives tried to induce further contractions but failed, and after the mother was bruised, she was taken to a hospital,
and the child was removed from her but was not alive. The midwives were charged with negligence regarding both the child and the mother. The British Columbia Court of Appeal, examining the common law, found that in order to be legally considered a person, one must be fully outside the mother's body and must be alive at birth. Thus, the midwives could
not be guilty of negligence regarding the fetus, as negligence occurs only with respect to persons.
The Women's Legal Education and Action Fund and REAL Women of Canada became involved in the case as intervenors. LEAF argued against a fetus being recognized as a person, for purposes of women's rights. Meanwhile, the midwives alleged that it was REAL Women, and not the government, that primarily saw the fetus as a person and drove the issue. The majority of the Supreme Court replied the Crown pursued the issue with its own belief that if a fetus is not a component of its mother's body, it must be a person.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「R v Sullivan (Canada)」の詳細全文を読む



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