Claims made by children in Japan for injuries caused before birth.
In Japan, under Article 721 of the Civil Law 1896, a child who is born disabled is able to file a claim against the person who injured him or her in the mother's womb. On the other hand, there are no legal rights for a stillborn child who died in the mother's womb as it is traditionally considered that a foetus is not a person. Consequently, the parents of a stillborn child are not able to recover damages as administrators for the wrongful death of their child. They are only able to recover damages for pain and suffering related to the stillbirth of their child. This study compares the legal status of a disabled live-birth child and a stillborn child in Japan with those in a similar situation in the U.K. and U.S.A.
Sakaihara
Mitsuo
M
Department of Social Welfare, Gunma University of Social Welfare, Maebashi, Japan. sakaihara@shoken-gakuen.ac.jp
D002648:Child; D002675:Child, Preschool; D019988:Children with Disabilities / Q000331:legislation & jurisprudence*; D005260:Female; D006801:Humans; D007231:Infant, Newborn; D007564:Japan; D011247:Pregnancy; D050497:Stillbirth; D014947:Wounds and Injuries