Abstract

The right to life of the fetus remains a highly contested issue in international human rights law due to the absence of a uniform approach to the legal status of the fetus and the point at which protection of life begins. This article examines three principal approaches: non-recognition of the fetus as an independent holder of the right to life; recognition and protection of life from the moment of conception; and a balancing approach that seeks to reconcile the protection of prenatal life with women’s reproductive rights, bodily autonomy, and the right to health. By comparing these approaches with Vietnamese law, the article identifies gaps in the legal recognition and protection of the fetus and proposes directions for legal reform aimed at achieving an appropriate balance between the protection of prenatal interests and the human rights of women.

Keywords: International human rights law, legal status of the fetus, reproductive rights, right to life of the fetus.