Most criminal systems around the world have made this division, have differentiated between crimes of the same nature, they have distinguished the two crimes and allotted diverse consequences to each. A Homo Sapiens is a human being with mental development, the power of articulate speech and an upright stance. On the contrary, and animal would be a living organism that feeds on organic material but lacks mental development. Both aforementioned cases are examples of life. Criminal Codes around the world, with different severity, outlaw the harming and killing of animals. This includes all kinds of animals, mammals, fish, insects, reptiles and amphibians. this also includes crimes committed against animals at any time of the animal’s lives, whether they were old, young of unborn.
So why is it that, we have differentiated between the unborn and human, when they are both one of the same.
The Egyptian Criminal Code, among many others, has 2 different crimes outline for murder, the unlawful killing of a human, and aborting a pregnant woman. When essentially, both include the taking of a human life. The keyword is human, which has been used to mean a human that has been born or separated from the mother and is able to survive independently. A fetus is defined as an unborn child that remains within the mother’s womb. This distinction between the two stages in life has led to the formation of two crimes, Feticide and Homicide. The Egyptian Penal Code [1] Art.230 punishes anyone who premeditatedly kills a human intentionally. This article is only applicable to the killing of born humans, the articles that govern the taking of an unborn life are Art.261, 262, which address the killing of someone’s unborn child by different means and 264 which addresses a woman killing her own fetus. Both crimes are punished very differently under the law. For murder, a committer shall, depending on the circumstances be convicted to a death sentence, life in prison, or max security prison. But for aborting a pregnant woman, the penalty is maximum security prison or regular prison for up to 3 years.
A different punishment is not the only difference this entails. Distinguishing between both crimes means defining the other as being redundant or less important, or even saying it is done with less malice or causes less harm to the society. When in reality there is no difference is the loss of a born or unborn human, the loss is the same, the grief is the same, and the consequence is the same, the loss of a human life.
So why do so many criminal justice systems give feticide less significance?
[1] Law No.58 of the year 1937
farah ouf kandil 