Journal of Preventive Medicine

Introduction
The embryonic period is of particular importance due to being the period of growth and development. In addition to the physical health of the fetus, which is determined by tests and screenings, paying attention to the health of the fetus’ soul and preserving the dignity of the fetus is necessary. The fact that the fetus is hidden in the mother’s womb, prioritization of the health of the mother over the fetus and lack of knowledge about the rights of the fetus have created new challenges in the legal system of different countries. Clarifying the dimensions of the mental health of the fetus during pregnancy, compiling the legal aspects of the health of the body and soul for the fetus, and preserving the dignity of the fetus from the beginning of development to birth can help to solve the aforementioned challenges. Fetal rights are important from the two aspects of being human and being potential. The nature of fetal rights, especially in less developed countries, is often neglected or only one aspect is addressed. Sometimes families and medical staff do not know about the dignity of the fetus and its rights, which makes it more complicated. The first step to protect the fetal rights and respect them is to know the legal aspects of the fetus in the international and national rules. This study aims to examine and review the legal aspects of the fetal rights from conception to birth based on national and international laws in order to provide the necessary platform for the operationalization of legal aspects during pregnancy and delivery.
Methods
In this narrative review study, a search was first conducted in Google Scholar, MagIran, SID, and PubMed databases for studies conducted from 2000 to 2022 using the keywords fetal dignity, fetal law, mother dignity, childbirth rights in Persian and English. All articles published in Persian or English related to the fetal rights were included in the study. Initial search yielded 1570 articles. By evaluating their titles, many articles were excluded; 134 articles that met the inclusion criteria were evaluated and 34 articles were selected. In this stage, only 5 articles in Persian and 10 articles in English met the criteria for the review. The 22 year-time time limit was due to the evolutionary and developing process of rights and their implementation in all aspects of human life.
Results
In this study, 15 articles were selected for review. There are three fundamental principles regarding the fetal rights: [1] The right to life and health, [2] The right to birth, and [3] The right to dignity. The lack of awareness of fetal rights and three fundamental principles in developing and developed countries can lead to intentional abortions, induction and stimulation of unnecessary labor, elective caesarean section by the mother or father, lack of attention to the existence and health of the fetus and unwanted damages. The fetus’ right to life has existed since the beginning of the development of the fetus and the fetus has the right to health like a full human being. Other important fetal right is the right to birth. The natural course of labor at the appointed time and not interfering with it is one of the most important fundamental rights of the fetus; any exception is possible only in case of medical necessity. Any unnecessary medical action for labor can lead to adverse effects for the fetus and cause irreparable damage to it. Fetus’ rights to dignity and preservation of physical, mental and human existence are also of special importance in developed countries and have important civil laws.
Discussion
Lack of a fetal rights law, in addition to numerous physical and psychological harms to the fetus, can impose harms on the society. Paying attention to the existence of two human beings (the mother and the fetus), relying on their human rights, can make this natural event (pregnancy) more peaceful. Developments in recent years in the field of medical sciences in the world, including in Iran, change in the medicalization of childbirth from high interventions to low interventions and paying attention to the pleasantness of childbirth are important factors for promoting normal physiologic labor and encouraging women to have children. It is obvious that the most important thing in the realization of population increase is to pay attention to the quality of life of mother and infant, solving their concerns and respecting the dignity of mother and infant. With the increase in people’s literacy level and their awareness of their rights, their expectations from the treatment staff, especially in the field of gynecology and obstetrics, have increased. The social changes that have occurred intentionally or unintentionally in Iran and have created conditions such as the shrinking of the family size can be the origin of a fundamental change in paying attention to the mental and physical health of the fetus. To realize the rights of the fetus and respect its dignity, along with honoring the mother, there are solutions such as developing training workshops for gynecologists and midwives, using modern treatment approaches, and including fetal rights courses in the midwifery and medical education curriculums.

Ethical Considerations
Compliance with ethical guidelines
All ethical principles are considered in this article. The participants were informed of the purpose of the research and its implementation stages. They were also assured about the confidentiality of their information and were free to leave the study whenever they wished, and if desired, the research results would be available to them.

Funding
This article is not financially supported by any organization or institution and all its financial resources are provided by the first author.

Authors' contributions
Data extracting and revised final draft: Tahereh Fathi Najafi and Mohammadreza Fathi Najafi; Searched and  wrote the first draftl version of this paper: Sareh Dashti and Elmira Farnoosh

Conflicts of interest
According to the authors of this article, there is no conflict of interest


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