Citation

Raposo VL. J. Bioeth. Inq. 2017; 14(3): 339-345.

Affiliation

Faculty of Law of Macao University, Macao, China and Faculty of Law of Coimbra University, Coimbra, Portugal, Room 2043, Faculty of Law, University of Macau, E32, Avenida da Universidade, Taipa, Macau, China. vraposo@umac.mo.

Copyright

(Copyright © 2017, Bioethics Centre, University of Otago)

DOI

10.1007/s11673-017-9792-y

PMID

28634764

Abstract

Most courts around the world have been refusing wrongful life actions. The main argument invoked is that the supposed compensable injury cannot be classified as such, since life is always a blessing no matter how hard and painful it is.In opposition to mainstream scholars and the dominant case law, this article sustains that life must be distinguished from living conditions, the former being the real injury at stake, since some living conditions are so intolerable that in themselves they justify a compensation within wrongful life actions.

Language: en

Keywords

Human life; Injury; Right not to be born; Right to be born healthy; Wrongful life