Rebuffed in federal courtMan sees himself as a "victim" because ex-girlfriend had an abortion
SDA
25.7.2024 - 12:00
Because she had an abortion after the 12th week of pregnancy, a man filed charges against his ex-girlfriend. Now the Federal Court has not ruled in his favor.
Keystone-SDA
25.07.2024, 12:00
25.07.2024, 14:36
SDA
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A man from the canton of Fribourg has filed a complaint against his ex-girlfriend because she had an abortion after the 12th week of pregnancy.
The Federal Supreme Court rejected his complaint.
A human life is not considered a victim in the legal sense before birth.
The father of an aborted foetus is not entitled to challenge the discontinuation of criminal proceedings against the mother for criminal abortion. The Federal Supreme Court has dismissed the appeal of a man from the canton of Fribourg.
The complainant had argued before the highest Swiss court that, as the father of the child of the foetus aborted by his girlfriend after the 12th week of pregnancy, he should be regarded as a "victim". He therefore has the right to take action against the termination of the proceedings. This is the result of a ruling published on Thursday.
According to the Federal Supreme Court, anyone who is the holder of the legal interest protected by the relevant criminal provision or a relative of the victim is entitled to lodge an appeal. Neither of these is the case.
The protected legal interest in the provision of the Criminal Code is human life during pregnancy. However, according to the court's reasoning, this does not have its own legal personality. Therefore, unborn life is not a victim in the legal sense.