2. Articole
Permanent URI for this collectionhttps://msuir.usm.md/handle/123456789/109
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Item Aspecte din jurisprudența națională privind răspunderea penală pentru vătămarea fătului(CEP USM, 2024) Balcan, SilviaThe purpose of the present investigation is to analyze problems related to the application of the in force legislation, especially for the qualification of harmful acts according to the norms of article 213 of the Criminal Code of the Republic of Moldova,in cases of aggression against the fetus. However, in separate cases in judicial practice, the courts perceive the fetus as a part of the maternal body, or in other cases, as a distinct person, considering it to be victim of crime, although it is not considered to be a person, for the purposes of national law and, respectively, it cannot have the status of a patient.Item PROVOCAREA ILEGALĂ A AVORTULUI – O AGRESIUNE ASUPRA VIEȚII INTRAUTERINE(CEP USM, 2022) Balcan, SilviaThis article analyzes the pros and cons of abortion, which is considered a derogation from the right to life and has been the subject of discussion by researchers over time. The issue of legalization of abortions, including the permissible period of their performance, conditions a multitude of controversies regarding the fact if it is or not an absolute right of women, or an aggression against the human being during intrauterine development. The aim of this study is to identify legislative solutions both for ensuring the women right to reproductive health, and also for the protection of intrauterine life.Item CONFLICTUL MATERNO-FETAL, CA O EXTREMITATE A DIMENSIUNII PROTECȚIEI COPILULUI BALCAN Silvia(CEP USM, 2022-09-30) Balcan, SilviaObviously, the child is protected by legal norms at national and international level from the birth moment, and this article aims to present the request for the protection of the child at a stage prior to the establishment of extrauterine life, starting also from the provisions of some international instruments. In the scientific work, we will assess the need for rationale towards the balance between the sexual, reproductive and intrauterine life rights and those of persons’ intrauterine life. The formulated conclusions will outline the need to review the national legislation, including the involvement of specialists from different fields, so that through research and studies focused on the good practices implemented in the experience of other states, recourse may be had to the harmonization of national legislation in the field of right protection to life of unborn children.