| Abstract [eng] |
The work deals with abortion as social phenomenon, what means the destruction of human foetus, by termination of pregnancy due to social, personal or medical indication. Also the work deals with criterions and limits of punishability of abortion in Lithuania and other countries of Europe. The protection of the right to life of unborn is the one of most negotiable, without unanimous answer, social questions. But it is evident that the attitude of government to the foetus life directly determines the position of law regarding abortion. The penal law as most restrictive remedy for protection of fundamental human values can’t be indifferent to abortion range, because this negative phenomenon can be dangerous both pregnant woman and foetus. The life of the foetus isn’t the object of law, that needs to be protected by law in Lithuania, because of this the termination of pregnancy is legal until twelfth week of pregnancy. The criminalization of abortion is governed by the fact that there is a risk of mother’s health and life. The order of legal abortion is regulated by the act, but not a law in Lithuania, also it is observed that not all breaches of this order mean illegal abortion by Penal code of Lithuania. This work analyses the factors that determine the punishability of abortion, that are not only the term of pregnancy, contraindications, the subject which terminate the pregnancy, but also the right place where abortion can be done. After analyses of practice of law and court it seems that there is no unanimous and clear solution in order to decide what place is the right for termination of pregnancy. Whereas in the Europe the limits of prohibition of abortion are not the same, in this work is researched the law and practice on abortion in other countries of Europe especially those whose regulation is very restrictive. The punishability of abortion cannot solve all problems of protection of unborn life, because it is more wide social range, where it is necessary to create a social standards that can help for a woman until abortion, considering to the foetus life as human value and woman’s social needs. |
