intend to extend to the unborn child the provisions of the Convention, especially the right to
life. Indeed, although the preamble of the revised draft of a convention on the rights of the
child presented by Poland made no mention of prenatal life, 360 the Vatican requested that
the expression “before and after birth” be included in the preamble, 361 which prompted
conflicting opinions among the States. As a compromise, the delegations agreed to use an
expression taken from the 1959 Declaration on the Rights of the Child. 362
232. Faced with the difficulty of finding a definition of “child” in article 1 of the draft
convention, the reference to birth as the beginning of childhood was eliminated. 363
Subsequently, during the deliberations, the Philippines requested the inclusion of the
expression “both before and after birth” in the preamble, 364 which was opposed by several
States. 365 As a compromise, it was agreed to include this reference in the preamble, but the
preparatory work made it clear that the preamble would not determine the interpretation of
Article 1 of the Convention. 366
233. The Committee on the Rights of the Child has not issued any comments from which
the existence of a right to prenatal life can be inferred.
C.2.c) European human rights system
234. Article 2(1) of the European Convention on Human Rights states that “[e]veryone’s
right to life shall be protected by law.” 367 The authors of the Convention based their wording
on the Universal Declaration of Human Rights, owing to its “moral authority and technical
value.” 368
235. The former European Commission on Human Rights and the European Court of
Human Rights (hereinafter “the ECHR”) have ruled on the non-absolute scope of the
protection of prenatal life in the context of cases of abortion and medical treatments related
to in vitro fertilization.
236. In the 1980 Case of Paton v. United Kingdom, concerning the alleged violation of
Article 2 of the European Convention to the detriment of the unborn child owing to an
abortion carried out at the request of the mother in accordance with domestic law, the
European Commission on Human rights held that the wording of the Convention “tends to
360
Cf. UN Doc. E/CN.4/1349 (1979).
361
Cf. UN Doc. E/CN.4/1408, para. 91 (1980).
362
Cf. UN Doc. E/CN.4/1408, paras. 95 and 96 (1980) (“Recognizing that, as indicated in the Declaration of
the Rights of the Child adopted in 1959, the child due to the needs of his physical and mental development
requires […] legal protection in conditions of freedom, dignity and security”).
363
Cf. UN Doc. E/CN.4/1408, para. 97 (1980).
364
Cf. UN Doc. E/CN.4/1989/48, para. 34 (1989).
365
Cf. UN Doc. E(CN.4/1989/48, para. 36 (1989).
366
UN Doc. E(CN.4/1989/48, paras. 39, 41 and 43 (1989) (“In adopting this preambular paragraph, the
Working Group does not intend to prejudice the interpretation of Article 1 or any other provision of the Convention
by State Parties”).
367
European Convention for the Protection of Human Rights and Fundamental Freedoms, Art. 2(1), approved
on November 4, 1950, 213 STNU 222, S.T.Eur. No. 5 (in force as of 3 September 1953). (“The Committee
considered that it was preferable […], as by reason of the moral authority and technical value of the document in
question, to make use, as far as possible, of the definitions set out in the ‘Universal Declaration of Human
Rights.’”)
368
Committee on Legal and Administrative Questions Report, Section 1, Para. 6, 5 September 1949, in
Collected Edition of the Preparatory Work, Vol. 1 (1975), p.194.