Criminal legal protection of the human fetus: international and national aspects

Based on various domestic and international legal approaches, the research discusses the legal status of the human fetus (embryo) both in Russia and in the world. The study deals with the criminal legal protection of unborn children and the possibility (impossibility) of their independent existence. The UN Conventions and a number of regional international instruments directly or indirectly recognize several rights of the fetus (embryo), including the right to life. However, the Russian legislator does not recognize the fetal right to life and does not protect it as a part of the Criminal Code of the Russian Federation. The research analyzes the current international and domestic instruments in this regard. The author concludes that the rule concerning the protection of the human fetus after the 12th week of woman’s pregnancy should be enshrined in the Criminal Code of the Russian Federation. Challenges are caused by an uncertain situation and controversial prospects of making legislative amendments that can protect human rights from the point of conception rather than birth. In the author’s opinion, feticide (there is no precise legal definition of this term) should be punished as infanticide.