ETHICAL ISSUES PERTAINING TO ABORTION
By:Pavan Barot
Group:218
Crimean federal university ₰
WHAT IS ETHICS……
Definition
The basic concepts and fundamental principles of decent human conduct . It includes study of universal values such as the essential equality of all men and women, human or natural rights, obedience to the law of land, concern for health and safety and, increasingly, also for the natural environment. See also morality.
WHAT IS ABORTION…….
The word abortion comes from the Latin abortio, which means to abort, miscarry, deliver prematurely. The Latin word abortus means "miscarriage, premature, untimely birth". In medicine abortion means ending a pregnancy prematurely. An abortion is when the pregnancy is ended so that it does not result in the birth of a child. Sometimes this is called 'termination of pregnancy'.
ABORTION IN INDIAN LAW
Abortion in India is legal only up to twenty weeks of pregnancy under specific conditions and situations which are broadly defined as:
If a woman is married, her own written consent is sufficient. Her husband’s consent is not required
If a woman is unmarried and over 18, she can provide her own written consent
If a woman is unmarried and under 18, she must provide written consent from her guardian
If a woman is mentally unstable, she must provide written consent from her guardian
Abortion as per the Indian MTP Act
The Medical Termination of Pregnancy (MTP) Act of India clearly mentions the conditions under which only a pregnancy can be ended. An abortion as interpreted from the Indian MTP Act are:
1. A pregnancy may be terminated by a registered medical practitioner
2. A pregnancy occurring as a result of rape.
3. Failure of contraceptive device used by a couple.
Abortion in India: Legal, But Not Always Safe
Even though abortion is legal in almost all countries to save a woman’s life and in three-fifths of countries.
Abortion has been permitted in India for a broad variety of reasons. devastating effect in rural areas.
Rates for maternal mortality are highest among poor rural women.
ABORTION IN USA LAW
In consultation with their physician, women have a constitutionally protected right to have an abortion in the early stages of pregnancy.
Abortion has been legal in the USA since 1973, but may be restricted by any of the 56 states to varying degrees.
Approximately 3700 abortions are conducted daily in the United States.
Legal Arguments
Right to life
Supreme Court decision
Legal definition of murder
Definition of murder – exceptions
Personhood issues
Right to Life
The Declaration of Independence of the United States guarantees “certain unalienable Rights, that among those are Life, Liberty and the pursuit of Happiness”
Supreme Court Decision
The Supreme Court held that the “right to privacy,” assured the freedom of a person to abort unless the state had a “compelling interest” in preventing the abortion.
The Court then held that, though the state had an interest in protecting fetal life, this interest did not become “compelling” until “fetal viability” occurred in the third trimester of pregnancy.
Legal Definition of Murder
CALIFORNIA PENAL CODE SECTION 187-199
a. Murder is the unlawful killing of a human being, or a fetus,
with malice aforethought.
DEFINITION OF MURDER – EXCEPTIONS
b. This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:
3. The act was solicited, aided, abetted, or consented to by the mother of the fetus.
LEGAL PERSONHOOD ISSUES
The fetus is granted personhood if wanted by the mother
The fetus can become a non-person at the discretion of the mother
However, a mother may not choose to kill her born child
How can the personhood of a human being be decided by another person?
REASONS FOR GIVEN ABORTION
Concern for/ responsibility to other individuals
Not wanting their lives changed by the birth of a baby
Yong or unmarried
Unplanned or unwanted
Relationship problem
Mother health risk
Pregnancy is the result of crime
Unacceptable quality of life
ProcedureAbortions must be performed by a doctor with one of the following qualifications:
A registered medical practitioner who has performed at least 25 medically assisted term inations of pregnancy
A surgeon who has six months’ experience in obstetrics and gynaecology.
A person who has a diploma or degree in obstetrics and gynaecology
A doctor who was registered before the 1971 Medical Termination of Pregnancy Act and who has three years’ experience in obstetrics and gynaecology
A doctor who registered after 1971 and has been practising in obstetrics and gynaecology for at least a year
Abortion Health Risks and Side-Effects
Immediate Side-Effects Pain and/or cramping
Nausea
Vomiting
Diarrhea
Reaction to anesthetic
Death
Short-Term Problems Post-Abortion
Infection
Heavy Bleeding
Retained Tissue
Puncture of the uterus
Sterility
Long-Term Problems Post-Abortion
Future Fertility
Psychological and Emotional
The Abortion-Breast Cancer Connection
THE ARGUMENTS FOR AND AGAINST ABORTION
Pro-life Argument
This is defined as the responsibility or obligation of the government to preserve all human life regardless of intent, viability or quality of life concerns.
Who You Want to be First?
Pro-life Argument
Regular people have the right to live.
The fetus is a distinct human from the moment of conception
Unless the woman’s life is endanger, a woman have the duty not to kill their unborn babies.
Murder should be illegal in a moral society.
04/15/2023
PRO-CHOICE ARGUMENT
This is the belief that women have the rights to choose to abort the baby.
Who You Want to be First?
23
Pro-Choice Argument Regular people have rights to
their bodies, as long as they do not hurt others
The fetus is not a "human" until it born.
Women do not have the duty be pregnant against their will, and they can change their minds.
Therefore women have the right to choose to end their pregnancy.
WOMEN RIGHTS A women has a right to make decision that involve
her body.
If the pregnancy was the result of hard cases like rape, incest etc.
Major issues for abortion-right to life, right to liberty, right to security.
Involve risk to life.
Child will be disabled and low quality of life.
CHILD RIGHTS
The fetus is a human being with fundamental right to life.
Every child is wanted child.
The unborn child has the right not to be killed.
Abortion is ethical and also unethical
Rape
Sex-selection
Solution if any….
Sex education
Birth control methods
Unintended pregnancy
GROUP VIEW ON ABORTION
Reducing unwanted pregnancies
Killed the innocent life is totally wrong
Every child is wanted child
Choice, right, Life, all people are equal even a fetus
Being a mother is just one option for women
Guaranteeing genuinely free and informed choice
Providing a loving home for all children
Encourage pregnant friends to choose life
Get involved with a pro-life group
CONCLUSIONAbortion is not legal nor illegal, It is sometimes ethical and also unethical. It is not a relief as most of them feel so. But it is still a debatable issue.