Abstract
The chapter discusses the statutory representation of minors and the guardianship of persons with a limited legal capacity in relation to an artificially induced termination of pregnancy. Abortion is not regulated directly by Act 89/2012 Sb., Civil Code, but rather by special laws, specifically by Act of the Czech National Council No. 66/1986 Sb., On Artificially Induced Termination of Pregnancy (Abortion Act) and by Act No. 372/2011 Sb., On Healthcare Services.
In the chapter, the author discusses how the Czech Civil Code regulates matters related to the legal capacity of minors and persons with a limited legal capacity in respect of abortion. The author also reviews natural human rights and liberties and how they are protected, the matter of an intervention into a bodily integrity and the right of the statutory representative or guardian to approve an intervention into the bodily integrity of the person he or she represents.
The Abortion Act regulates the rights of underage and teenage pregnant girls but does not contain a regulation of the rights of adult women, whose legal capacity is limited. The author consequenty analyses the potential application of the Civil Code on this area of law.
In her conclusion, the author reviews the matter of a potential conflict in the opinions of the represented person and her representative or guardian, insofar as both have the best interests of the represented person in their minds while their views on the best solution differ.