Responsabilidad por nacimiento evitable (wrongful birth) y discapacidad

Authors

  • Víctor Torre de Silva López de Letona IE Law School

DOI:

https://doi.org/10.18042/cepc/rap.203.03

Keywords:

Torts, persons with disabilities, medical malpractice, State liability, wrongful birth.

Abstract

Wrongful birth torts appeared first in the United States of America and have recently been imported to Spain. They may involve governmental officials, when arise in the context of governmental healthcare. Spanish authors have studied them, not infrequently controversial, taking on account some judgments of the Spanish Supreme Court, both from the Civil Law Chamber and from the Administrative Law Chamber. However, the Convention on the Rights of Persons with Disabilities, adopted by the United Nations General Assembly on 13 December 2006, ratified by Spain, adds a new perspective on wrongful birth torts. Their basic tenets should be reviewed according to this international Convention.

Issue

Section

STUDIES