The Impact of European Human Rights on Childbirth

Abstract

In accordance with Article 8 of the European Convention of Human Rights (ECHR), each Member State has to offer a legal framework to future parents to make a free choice concerning the place of birth of their baby (in a hospital or at home). If complications occur during the delivery and damage is done due to a medical fault, the responsible healthcare worker has to be made accountable. In order to be in conformity with Article 2 ECHR, every Member State has to set up a judicial system which offers the procedural guarantees to the parents to examine and finally determine the liability of the healthcare worker. The Belgian legislation offers the parents a real free choice and has a legal system which can result in criminal, civil and disciplinary sanctions in case of medical negligence.