حماية الجنين من الإجهاض بين شرعية التجريم و دواعي الإيقاف العلاجي للحمل

Abstract EN

The right of the fetus to life is at the forefront of its embodied rights guaranteed by all international canons and legislations, despite the fact that its life is estimated and not real.

This study aims to demonstrate the extent of the Algerian lawmaker's protection provided to the fetus from various forms of abuse and the cases and conditions in which it is authorized to end pregnancy according to the penal code and health law.

The study found out that the Algerian lawmaker provided a criminal protection to the fetus by criminalizing non-therapeutic abortion on one hand, and criminalizing incitement to it on the other hand which is a matter of expanding protection.

however, the danger lies in the lawmaker's expansion in cases where abortion is allowed for therapeutic reasons or what has been termed as therapeutic suspension of pregnancy in the new health law, and the failure to give an accurate and clear criterion for the condition of a threat to the psychological and mental balance of the pregnant woman.