Jump to ContentJump to Main Navigation
The Criminal Justice System and Health Care$
Users without a subscription are not able to see the full content.

Charles A. Erin and Suzanne Ost

Print publication date: 2007

Print ISBN-13: 9780199228294

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199228294.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 12 December 2019

Non-treatment of Severely Disabled Newborns and Criminal Liability Under Spanish Law 1

Non-treatment of Severely Disabled Newborns and Criminal Liability Under Spanish Law 1

Chapter:
(p.207) 12 Non-treatment of Severely Disabled Newborns and Criminal Liability Under Spanish Law1
Source:
The Criminal Justice System and Health Care
Author(s):

Sergio Romeo-Malanda

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199228294.003.0012

This chapter examines whether medical professionals in Spain can be held criminally responsible if they withdraw life-sustaining treatment from severely disabled newborn babies. The focus on the Spanish jurisdiction is significant, since, in contrast to the legal position in the UK, the USA, Australia, and elsewhere, the position under Spanish law is currently much more ambiguous. Thus, medical professionals faced with making the decision of whether to discontinue medical treatment or to omit to treat severely disabled newborns must reach this decision in a climate of uncertainty as to whether their actions will attract criminal liability. The analysis here leads to the conclusion that it is the distinction between viability and non-viability that marks the point at which the law will intervene to criminalize the medical professional's actions, since a non-viable human being is not recognized as a newborn infant under Spanish law, and thus does not enjoy the protection of the criminal law.

Keywords:   neonaticide, severe disability, withdrawal of life-sustaining treatment, Spanish criminal law, viability

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .