• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Law and embryology.

Extracts from this document...


Law and embryology The law surrounding the rights of an individual has become more contentious over recent years, due to the expanse of Europe. With the advent of the European convention on human rights and are implementation in our own Human Rights act 1998.We all have more rights than ever and these convention rights has been raised in cases such as Evans v Amicus limited. However as well as a discussion on rights it also deals with interpretation of the relevant acts and how this interpretation affects the rights of people. This case concerned two women who 'together' with their partners took part in the treatment of In Vitro fertilisation. During the fertility treatment the couple split up and ended their partnership. However there was still Embryo's being stored, and the women wished to use these even though they were no longer with their partners. The partners withdrew their consent, which is covered in the Human Fertilisation and Embryology sch. 3 para. 4(1). ...read more.


Section 28 of the HFEA 1990 was found to interfere with art.8 and 14 mentioned above. Article. 2 (the right to life) were discussed in the Amicus case. This article gives protective rights to those who are born (Paton v U.K). It does not give rights to either foetuses or embryo's. If this were applied to these then a legal abortion would become illegal, even in cases where there could be death. This is further discussed in the cases of partial birth abortions. There was new legislation approved in the U.S last year for this, as it could be seen this type of abortion would be pushing the convention (U.S not part). Art. 8 (right to private/family life) this article protects the private or family life of an individual so that it is not interfered with by the member state. This right was discussed heavily concerning the deceased fathers act. ...read more.


The right to have children would not seem to apply to men when women are carrying the baby and want an abortion, however, due to the facts there carrying the child it is logical to give them a final word but here was a case were an embryo was in storage. The final article that shall be discussed that concerns the Evans case was that of article.14 about discrimination. Again this was highlighted by the deceased fathers act, preceding which were two reports advising on the manner of the change in legislation. The Evans case shows less clear discrimination but applies it. The discrimination that is covered is that of race, sex, colour religion e.t.c. These articles are for the protection of people but as shown in the Amicus case they can be interpreted in different ways when having to read your own member states law in conjunction with it. The rights protect everybody and as such are difficult in situations like Evans. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. Commercial law discussion - 'Transfer of Title by a Non-Owner'.

    'A' issued a cheque and was given possession of the car but in due course his cheque bounced. The plaintiff took immediate steps to avoid the contract, and after he had done this A sold the car to B in a London street market and B sold the car to the defendant.

  2. Unmarried fathers and their children - has the law got it right?

    The parental right to possession is a good illustration of the significance of parental rights today.10 On one hand it is argued that the legal right to possession is of no importance, this can be argued for two reasons. Firstly the courts at common law would not go against the

  1. Critically evaluate the partial defence of Provocation.

    The House of Lords binds the English courts and therefore the House of Lords case of Smith(Morgan) (2000) ought normally to have been followed. But the Privy Council's opinion, expressed most recently in Attorney-General for Jersey v Holley (2005) has been treated as binding by the Court of Appeal in

  2. Statutory interpretation

    stated 'We do not sit here to pull the language of Parliament to pieces and make nonsense of it. We sit here to find out the intention of Parliament and carry it out and we do this better by filling in the gaps and making sense of the enactment than by opening it up to destructive analysis'.

  1. Statutory Interpretation

    still a narrow rule, as it only allows judges to look at common law to find mischief, which under many circumstances does not quite exist (eg. what may be the mischief in a law pertaining to inheritance?). Along with these rules, the judges are helped by certain presumptions which they

  2. How has the European Court of Human Rights contributed to the protection of children's ...

    8 rights should always prevail. This begs to question mother's prevailing rights! The Court otherwise stressed importance of not acting contrary to children's interests, which made refusal of parental contact consistent with Art. 858. Generally, a growing concern to comply with UNCRC standards is recorded in European member states59.

  1. The law concerning the delivery of health care

    Another consequence of the human rights act in medical law is that the judicial scrutiny of decisions made by public bodies has become more rigorous and the emphasis has moved away from the duty of the public body to the right of the individual.

  2. Should people have a right to privacy?

    This led me to contemplate whether it is acceptable to provide one party with anonymity and the other party with none, if the party has not been proven entirely guilty. The case regarding Joanna Yeates murder and the landlord that was accused guilty provides support to the fact that anonymity should be given to both parties until proven guilty.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work