Drink and Drugs in Pregnancy: Can the Law Prevent Avoidable Harm to the Future Child?

Cave, Emma

doi:10.1177/096853320700800203

Drink and Drugs in Pregnancy: Can the Law Prevent Avoidable Harm to the Future Child?

Cave, Emma

Authors

Professor Emma Cave emma.cave@durham.ac.uk
Professor

Abstract

Alcohol and drug misuse in pregnancy can cause long-term harm to the born-alive child. Where pregnant women decide to bring the foetus to term but resist medical treatment that will benefit them both, there are two ways in which the law might force it upon them. English courts have resisted the first option which is to grant the foetus a limited right to life under Article 2 of the Human Rights Act 1998. The second option is to utilise existing criminal, medical and mental health laws to compel pregnant women into treatment for their own good. Some states in the USA utilise such measures. This article considers the potential to do so in English law and the consequences for drug and alcohol dependent pregnant women and their children.

Citation

Cave, E. (2007). Drink and Drugs in Pregnancy: Can the Law Prevent Avoidable Harm to the Future Child?. Medical Law International, 8(2), 165-187. https://doi.org/10.1177/096853320700800203

Journal Article Type	Article
Publication Date	Mar 1, 2007
Deposit Date	Aug 7, 2013
Publicly Available Date	Feb 13, 2015
Journal	Medical Law International
Print ISSN	0968-5332
Electronic ISSN	2047-9441
Publisher	SAGE Publications
Peer Reviewed	Peer Reviewed
Volume	8
Issue	2
Pages	165-187
DOI	https://doi.org/10.1177/096853320700800203

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Copyright Statement
Cave, Emma (2007). Drink and Drugs in Pregnancy: Can the Law Prevent Avoidable Harm to the Future Child? Medical Law International 8(2): 165-187. Copyright © 2007 A B Academic Publisher. Reprinted by permission of SAGE Publications