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Wrongful birth and wrongful life actions are one of the current issues of civil law associated with the area of health care. Generally speaking they are actions for damages for a birth of an unwanted child brought by parents or a child itself. At the moment, there is a small number of wrongful birth cases in the Czech Republic, but more of them are to be expected in front of the Czech courts because of patient's autonomy and new methods in the human reproduction field. The topic of this thesis is very controversial due to collision legal, moral and ethical issues. Crucial question of the whole problem is whether the birth of an unwanted child (or an unwanted life) can be considered as damage. Since the explicit regulation does not usually exist, the courts' decisions play irreplaceable role nowadays. The aim of this thesis is to try to answer the question whether these actions can be brought and heard before the courts in the Czech Republic and whether damages should be awarded on this ground. The first chapter focuses on the explanation of the essence of wrongful birth and wrongful life cases and their division into the specific categories. The second chapter concentrates on the legislation in the Czech Republic regarding wrongful birth actions. It is necessary to consider constitutional rights...

Civil liability for interventions related to human reproduction - the concepts of wrongful life and wrongful birth Abstract In this thesis, the author tries to give a comprehensive view of the issue of civil liability of health care facilities, or doctors, which arises as a result of non lege artis procedure in performing procedures and providing services that negatively affect human reproduction. In such cases, the persons concerned have the opportunity to defend themselves by means of actions for which the name wrongful birth and wrongful life has been adopted almost all over the world. In the first part of this thesis, the author discusses the most commonly used methods that help to affect human reproduction, and also gives examples of incorrect procedures in their provision. These may very often result in the filing of the above-mentioned lawsuits. At the same time, the author gives a basic description of wrongful birth and wrongful life lawsuits and a list of the main reasons, pros and cons of their approval and further recognition. The second part is devoted to the legislation in the Czech Republic. The author deals with the regulation of human rights, which are often affected only in the provision of health services, as well as the regulation of liability in general. Another part then focuses mainly...

in the English language Title: A theoretical conception of liability for harm caused by the birth of a man In many legal orders a new types of legal actions have appeared (in relation to the development of new methods of diagnosing congenital diseases). In these types of legal actions the claimant seeks damages for the negligence of the doctor in performing these tests. These claims are referred to as "wrongful birth", "wrongful conception", and "wrongful abortion". The "wrongful life" claim is most commonly used in a situation where while performing prenatal screening the doctor does not diagnose the existing congenital disease and therefore fails to give the parents an essential piece of information, which might have made the parents decide to abort the fetus. The claimant in this case is the child itself, who substantiates the claim by arguing it should have never been born. The "wrongful birth" claim arises from the same situation, but the claimants are the parents of the child. They claim damages for the emotional pain and increased expences related to giving birth and raising a disabled child. In the case of the "wrongful conception" claim, the most common reason for using this action is a negligently performed sterilization procedure. The "wrongful abortion" claim can be used in a situation...

Thesis (doctoral)--Universität, Wien, 2000.

Yes / The Bradford Innocence Project provides a university led, community supported initiative that deals with cases of wrongful conviction. The project provides students from a wide variety of academic disciplines the opportunity to research and subsequently run cases under the close supervision of academics and practitioners in the legal field.

For approximately the last fifteen years, the Royal Canadian Mounted Police have been mounting highly sophisticated undercover sting operations in Canada known colloquially as Mr. Big stings. These undercover operations involve multiple officers posing as members of a ruthless, powerful and wealthy criminal organization in order to trick suspects into making confessions to serious crimes, nearly always homicides. The undercover officers essentially orchestrate a chance meeting with the suspect, known operationally as the “target”, and exert their considerable influence and resources to convince him that he is being inducted into a criminal gang. The target is typically a person suspected of having committed a murder in the past, but who has never been charged due to lack of evidence. Over a period of months or weeks the undercover officers attempt to build a relationship with the target based on fear, greed, companionship, or a combination of those or other emotions. The target is given tasks to perform which appear criminal in nature, but which are actually staged crimes in which every participant is an undercover officer. The target is eventually told he must meet with the boss of the gang, the “Mr. Big” after whom the sting is named, in order for a final decision to be made on whether or not the target can join the gang. The target is told that he must confess to the previous murder of which he is suspected in order to join the gang. Sometimes the target confesses readily, other times he protests his innocence, but Mr. Big will not accept exculpatory statements. Often further inducements are offered by Mr. Big, most notably a promise to derail the investigation by using his influence over corrupt justice system participants. If the suspect admits culpability he will be charged with the crime and nearly always convicted at trial. Canadian courts have exercised virtually no control over police tactics in these cases. Defence counsel have argued against the use of the evidence on the basis of a breach of the Charter of Rights and Freedoms with regard to the right to silence and also with regard to abuse of process. These arguments have been unsuccessful. Defence counsel have also argued unsuccessfully that the statements should be inadmissible under Canadian hearsay law. It has also been argued, equally unsuccessfully, that the undercover operators should be treated as persons-in-authority, and hence that the statements elicited from the targets should have to be proven voluntary beyond a reasonable doubt. Canadian judges have also been unwilling to allow the defence to lead expert evidence in these cases to tell the trier of fact about the possibility of false confessions. The ultimate result is that there is no control over police tactics in these stings. There has been one proven wrongful conviction as a result of these stings, that of Kyle Wayne Unger. Other wrongful convictions may come to light. Short of its outright abolition, probably the best way to control the sting and prevent wrongful convictions is to subject the statements to a formal voluntariness inquiry.

The aim of this thesis is to analyse and compare wrongful birth cases in European context. Its first part focuses on the theoretical explanation of the concept of the action itself, then it is followed by a detailed comparison with wrongful life actions. A proper definition is necessary for further understanding of the matter. The second part of the thesis aims at an in-depth description of wrongful birth cases in major European countries. It discusses the medical liability and the parents` rights in the past cases and brings an evaluation and a de lege ferenda point of view. The conclusion deals with the similarities and the differences and offers the author's insight on the subject.

Please read the abstract (Summary) in the section 21backb of this document / Thesis (LLD (Private Law))--University of Pretoria, 2007. / Private Law / LLD / unrestricted

O presente estudo tem por objetivo demonstrar que, nas hipóteses em que alguém intervém na esfera jurídica alheia e obtém benefícios econômicos sem causar danos ao titular do direito ou, causando danos, o lucro obtido pelo ofensor é superior aos danos causados, as regras da responsabilidade civil, isoladamente, não são suficientes, à luz do ordenamento jurídico brasileiro, enquanto sanção eficaz pela violação de um interesse merecedor de tutela. Isto porque, como a principal função da responsabilidade civil é remover o dano, naquelas hipóteses, não fosse a utilização de um remédio alternativo, o interventor faria seu o lucro da intervenção, no primeiro caso integralmente e, no segundo, no valor equivalente ao saldo entre o lucro obtido e a indenização que tiver que pagar à vítima. A tese pretende demonstrar que o problema do lucro da intervenção não deve ser solucionado por intermédio das regras da responsabilidade civil, devendo, portanto, ser rejeitadas as propostas de solução neste campo, como a interpretação extensiva do parágrafo único, do artigo 944, do Código Civil, as indenizações punitivas e o chamado terceiro método de cálculo da indenização. Como alternativa, propõe-se o enquadramento dogmático do lucro da intervenção no enriquecimento sem causa, outorgando ao titular do direito uma pretensão de restituição do lucro obtido pelo ofensor em razão da indevida ingerência em seus bens ou direitos. Defende-se que a transferência do lucro da intervenção para o titular do direito tem por fundamento a ponderação dos interesses em jogo à luz da Constituição Federal, com especial atenção ao princípio da solidariedade, e da teoria da destinação jurídica dos bens. A tese procura demonstrar, ainda, que o ordenamento jurídico brasileiro não exige um efetivo empobrecimento do titular do direito para a configuração do enriquecimento sem causa e que a regra da subsidiariedade não impede a cumulação de ações, de responsabilidade civil para eliminar o dano (e no limite do dano), e de enriquecimento sem causa, para forçar a restituição do saldo positivo que permanecer no patrimônio do ofensor após o pagamento da indenização, se houver. Finalmente, a tese pretende provocar a discussão acerca da quantificação do objeto da restituição, propondo alguns critérios que deverão orientar o aplicador do direito. / The present study aims to demonstrate that when someone profits by interfering In: another persons rights without causing damage to the victim, or when the act does cause damage but the benefits so obtained are greater than the damage caused, tort rules alone are not enough, under Brazilian Law, as an efficient sanction for violation of an interest or right that deserves protection. Since the maIn: function of civil liability rules is to redress the damage, or make the victim whole, without an alternative remedy the wrongdoer would keep the benefits wrongfully obtained, fully In: the first case and In: the second case to the extent of the difference between the profits obtained and damages paid to the victim. I aim to show that the problem of benefits wrongfully obtained cannot be solved through tort rules alone, and some proposed measures In: this area, such as expansive interpretation of Article 944, sole paragraph, of the Civil Code, punitive damages and the so-called third method of quantifying damages should be rejected. As an alternative, I propose framing the question of benefits wrongfully obtained withIn: the rules on unjust enrichment, granting the victim the right to claim restitution of benefits obtained by the wrongdoer by interference In: the victims assets or rights. I argue that the transfer of the benefits wrongfully obtained to the victim should be based on a balance of conflicting interests In: light of the Federal Constitution, with special attention to the solidarity principle and on the theory of the juridical allocation of assets. Besides this, I argue that Brazilian law does not require the victim to suffer any kind of damage In: order to apply unjust enrichment rules and that the subsidiarity rule does not prohibit the filing of joint claims, a tort one to remedy the damage (limited to the actual damage caused) and an unjust enrichment one to force restitution of any positive balance that remains with the wrongdoer after payment of damages. Finally, I intend to stimulate discussions on how to quantify the amount of restitution In: these cases and offer some criteria that can guide judges.