Judgment of the Constitutional Court of Federal Republic of Germany: Medical Malpractice Liability for Wrongful Pregnancy Prevention versus Human Dignity

Abstract

        Human dignity is the utmost value enshrined in the constitution, existing in every human being without discrimination. It seeks to prevent individuals from being treated or acted upon as objects. Human dignity is thus relevant in all branches of the law, leading to the focus of this article on the judgment of the Federal Constitutional Court of Germany, which concerns medical malpractice leading to unintended pregnancies resulting in unwanted children. Whether the service recipient is entitled to claim child support and whether it constitutes a violation of human dignity are key questions addressed in the judgment, which is used to illustrate the use and interpretation of human dignity concerning the claim for damages for unwanted children.