Abstract
The right to life is firmly established in Article 6 (1) of the Charter of Fundamental Rights and Freedoms of the Czech Republic which in its first sentence recognizes it for everyone, that is to say, for all people, regardless of nationality or any other differentiation. The second sentence of the provision in question reads as follows: "Human life is worthy of protection even before birth." In this context, several very complex questions arise.
When exactly does human life originate? What is its protection against birth? Is the level of this protection evolving during prenatal development, or is it still the same? The answer to these questions is all the more problematic because it is not possible enough without a relatively precise definition of the concept of human life. However, such a definition is lacking.
There is no consensus in society regarding the conceptual features of human life. For this reason, the European Court of Human Rights provides the States with a wide margin of appreciation.
Under Czech law, legal personhood starts when the newborn is separated from the mother's body. Nevertheless, the child during labour is legally protected both in civil and criminal law.
According to the Constitutional Court of the Czech Republic, it is even legal to carry out medical procedures without the consent of the woman in labour if it is necessary for preventing the child's death or serious bodily injury.