著者

小島 妙子

出版者

日本法社会学会

雑誌

法社会学 (ISSN:04376161)

巻号頁・発行日

vol.2014, no.80, pp.170-193, 2014 (Released:2021-05-04)

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“The right to self-determination” about the abortion has been discussed as a part of the (disposal rights) ownership of the female body, but with the development of life science and improved technology of prenatal diagnosis, the opinion that women have no freedoms to choose the “quality” of children and do not allow the selective abortion have become to be supported. “The guideline for new prenatal diagnosis using maternal blood” which was published in March 2013, has the response inhibition about the “prenatal diagnosis,” saying that “a doctor need not inform actively to a pregnant woman about the new prenatal diagnosis,” and it has limited the pregnant women subject to inspection it, carrying out only in the accredited institution. Can the woman decide whether or not to give birth to a child, on the basis of prenatal diagnosis, and making the abortion on the grounds of failure of the fetus? This paper would reveal that the decision on abortion is related to the basis of self-definition, being guaranteed under the legal structure of “the freedom of the body” by Article 13 of the Constitution, and discussing the problems of the guideline for prenatal diagnosis and the possibility of the selective abortion.

著者

小島 妙子

出版者

日本刑法学会

雑誌

刑法雑誌 (ISSN:00220191)

巻号頁・発行日

vol.50, no.3, pp.406-416, 2011-03-10 (Released:2020-11-05)