Extending Child Protection Law to the Unborn: Maternal Liability for Unborn Injury in Malaysia

Astrid Sinarti Hassan; Noraiza Abdul Rahman

doi:10.47405/mjssh.v9i10.3017

Astrid Sinarti Hassan Department of Medical Ethics and Law, Faculty of Medicine, Sungai Buloh Campus, Jalan Hospital 47000, Sungai Buloh, Universiti Teknologi MARA, Selangor, Malaysia.
Noraiza Abdul Rahman Faculty of Law, Universiti Teknologi MARA, 40450, Shah Alam, Selangor, Malaysia.

DOI: https://doi.org/10.47405/mjssh.v9i10.3017

Keywords: Foetus, Victims of crime, Penal code, Foeticide law

Abstract

The debate about the value of life is very important in discussions about abortion rights, with one side arguing that unborn children should be completely protected from harm. This view enhances with the widely held belief that pregnant women need strong legal protections to keep both of them and their unborn children safe. In Malaysia, the rights of unborn children are not clearly defined by law. The current laws try to protect pregnant women from harm caused by others but not from their own actions that could harm the unborn child. This lack of clarity leads to many legal, ethical, and social questions, especially concerning the rights of unborn children in cases of criminal acts. This article suggests a detailed legal approach that considers both scientific and medical perspectives. It argues that unborn children should be recognised as victims of crime, even when the crime is committed by their mothers.

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