A human tragedy surrounding the life of a young person in Carinthia could lead to a completely new legal system in Austria. For the first time, the top courts are having to deal with their controversial practice of describing the birth of disabled and unwanted children as ‘harm’ in a legal sense.
Can, yes, may the birth of a child be a claim? This is true in Austrian case law: in 2008, the Supreme Court awarded damages to a Carinthian family because the disability of a baby in the womb was not recognized in the hospital. This decision, which was controversial, especially regarding the choice of words, caused much debate and strong criticism, but still prevailed. But now, fifteen years later, a new Carinthian case could bring about a change in the judiciary, which has been heavily criticized ethically and morally. What happened?
Source: Krone
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