The rights race: A study on constitutional rights of substance abusing mothers and unborn children

• Main Authors: Cortes, Gio Spencer R., Morales, Jay Daniel T.
• Format: text
• Language: English
• Published: Animo Repository 2015
• Subjects: Fetus > Legal status, laws, etc. > Philippines; Pregnant women > Substance use > Philippines; Pregnant women—Legal status, laws, etc. > Philippines; Civil Rights and Discrimination
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/5603
• Institution: De La Salle University

This study is about the constitutional rights of the substance abusing mothers and the unborn children. Mothers who are abusive of their body due to excessive intake of substance (drugs, alcohol, cigarettes) were the focal point of this research. For these pregnant women certainly affects the unborn child in her womb with the use of these substances. However, the 1987 Constitution of the Philippines is clear that it would protect the life of the mother equally with the unborn child. Thereof, this creates a conflict of interest on the part of the state on whose right are they going to protect. Flipping the script to the unborn child who is unscathed, unblemished, and unaware of his or her rights since he or she is yet to be born, their right would also matter since they are entitled to life as also stated in the Constitution. Thus, it is now the task of the state to resolve it, and conduct important measures such as the passing of the bills that would eliminate the conflict. But it is easier said than done for this is a difficult task to achieve by the government since the right of the fetuses pale in comparison to the rights of the mothers. Hence, this research aims to exhaustively study all the possible ways on how the rights of the fetuses could be balanced to that of the rights of the mothers.