_Radical Solution of the Problem._--It is one of the most important
aims of child-protection that during the first year of life the
infant should be nourished at the maternal breast. Every possible
effort must be made to secure that the infant should not be separated
from its mother; and if separation from the mother is unavoidable,
that the child should not be hand-fed, but suckled by a wet-nurse.
Finally, when artificial feeding of the infant is inevitable, it is
the aim of child-protection to secure that the technique of this
feeding should be the best possible.
Two of the institutions of modern civil law are of such a nature as
to favour wet-nursing and hand-feeding, and to hinder the attainment
of the primary aims of child-protection. The first of these is that,
within limits, the parents are free to determine how their child
shall be brought up; so that, for instance, the mother is free to
entrust her child to a wet-nurse, or even to have it brought up by
hand. Hence the reform of these matters must begin with legislation
securing that the legal position of legitimate and of illegitimate
children shall be identical; and, secondly, imposing it upon all
mothers as a legal obligation to suckle their own children when they
are physically competent to do so.
The last-named measure is by some considered too radical, on the
ground that its enforcement would infringe the sacred principle of
the freedom of contract, and would violate the sanctity of family
life. But these are merely empty phrases; and such considerations
cannot for a moment counterbalance the urgent need for the proper
protection of infant life. Even to-day, it is an accepted legal
principle that in the case of contracts involving the personal
service of the contracting parties within the limits of family life,
the contract cannot be fulfilled by proxy. Thus, in the matter of
the nourishment of an infant during the first months of life--that
is to say, in respect of the performance of an act which is merely
the continuation and the sequel of the physiological state brought
into being by sexual intercourse and by pregnancy, the demand that
no substitution be allowed, that lactation by proxy be prohibited, is
a logical application of existing and accepted legal principles. In
the sphere of family life, the principle of the freedom of contract
finds even to-day no more than a restricted application; and with
the disappearance of the economic order based upon free competition,
the principle of the freedom of contract is destined altogether
to disappear. Beyond question, the suggested reform would involve
a very serious limitation of personal liberty. But the limitation
would be no greater than those that are imposed in most modern
States by various ordinances affecting the right of the individual
to the free disposal of his own body--for instance, compulsory
military service, compulsory vaccination, and compulsory removal to
a hospital for infectious diseases.
Public-domain text, read in full here on John Shaqi.
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