Infanticide of Newborns: A Comparative Study between Vietnamese Law and International Legal Frameworks

Abstract

Infanticide of newborns represents a particularly complex and sensitive category of homicide, situated at the intricate intersection of criminal law, forensic psychology, gender studies, and human rights. Recognizing the profound physiological and psychological transformations, such as postpartum depression and severe mental distress surrounding childbirth, many legal systems treat the killing of a newborn child by its mother under specialized criminal provisions rather than standard murder charges. This article provides an in-depth analysis of the crime of killing a newborn child under Vietnamese criminal law, offering a comprehensive comparative evaluation with selected foreign legal systems and international human rights standards. By systematically examining the historical evolution, objective and subjective constituent elements of the offense, criminal liability thresholds, sentencing frameworks, and underlying socio-legal policy rationales, this study highlights critical similarities and distinctions between Vietnamese legislation and international approaches. Furthermore, the study evaluates the compatibility of current Vietnamese regulations with core international human rights instruments, particularly the Convention on the Rights of the Child. Ultimately, this article proposes targeted legal reforms aimed at striking a balanced synergy between robust child protection and compassionate maternal justice within Vietnam's evolving judicial landscape.