The strengthening of legal protection for the unborn in peruvian law; [Il rafforzamento della tutela del concepito nel diritto peruviano]

Álvarez C.C.; Francia O.A.A. · Prudentia Iuris (2025) · DOI: 10.46553/prudentia.99.2025.8

Resumen

With the publication of Law No. 31.935, of 2023, the debate regarding the protection that the State should provide to the unborn child or “nasciturus” has once again been brought to the forefront. Today, discussions revolve around the necessity of having a law that reiterates what is already established in the Constitution and the Civil Code, in terms of classifying the unborn as a subject of rights; whether the expressly contemplated rights truly correspond to them; or if this law represents the culmination of strengthening the protection that needs to be provided to the product of conception. The following lines develop each of these aspects, concluding that this law was neces-sary at a time when international organizations are advocating for increasingly robust abortion policies, which we stand against.

Instituciones: Universidad Científica del Sur