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Should a Pregnant Woman Be Punished For Exposing Her Fetus to Risk - Essay Example

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Pregnant women at times engage in activities that may affect the well-being of the unborn child in one way or the other. The question that then arises is whether pregnant women should be punished for exposing their fetus to any form of risks during the pregnancy term…
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Should a Pregnant Woman Be Punished For Exposing Her Fetus to Risk
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Download file to see previous pages The paper under consideration argues about the legal consequences for pregnant women, who engage in activities that may affect the well-being of the unborn child in one way or the other. So should there be any punitive approaches to the conduct of women during their pregnancy? For example, in case of drug abuse. Or it will have an impact of directly infecting the health of women and the child, both born and unborn as well as erode the mother’s right to privacy? The paper presents different points of view on the present question, the reference list includes 5 sources.
Most of the dangers posed to the fetus arise from women who fall in the categories of women who use drugs or suffer from substance abuse who in most cases are committed to civil jail for their actions at the time of pregnancy or for the new mothers who are likely to lose custody of their children even after delivery.The motivation for such action is the misguided belief by the proponents of the promotion of fetal rights as separate from that of the mother whose rights are deemed separate from that of the fetus. Women’s and child rights sponsors approve that women should engross in behaviors that positively endorse the birth of healthy children. Nevertheless, these advocates also recognize that substance or drug abuse by the woman should be addressed in a constructive manner as the adoption of punitive measures against such women eventually affects the well-being of the mother and the child. ...
t to ask ourselves whether doing a certain act as prescribed by the law or what a particular law counts as a legal requirement depends on what is good or morally required. Similarly, the conduct of women during pregnancy is affected by considerations bordering on the law and moral considerations. Many types of the conduct of women during pregnancy can harm a fetus in several ways that lead to physical or mental abnormalities in the child. Medical researchers have found that smoking when a woman is pregnant may lead to defects in the development of the fetus for example low birth weight that may cause infant mortality, and that drinking alcohol during pregnancy may lead to fetal alcohol syndrome that leads to mental retardation, growth deficiencies before birth and after birth and facial anomalies. A woman’s conduct during pregnancy that may ultimately affect the state of the unborn child may also include the failure by the pregnant woman to obtain prenatal care or proper nutrition that may have a negative effect on the life of the fetus. Therefore, in order to allow the state or the criminal justice system to subject pregnant mothers to criminal liabilities for engaging in all sorts of behavior during pregnancy would be subjective in that many mothers will be held criminally liable for engaging in both legal and illegal activities as at the time of pregnancy. It is important to note from the onset that prosecuting women for any form of behavior during their pregnancy affects their right to privacy that includes a decision as whether to have a child or not and the right to the respect of the human body integrity. Research has found that criminally prosecuting women for engaging in activities that may be harmful to the well-being of a child may compel them to procure ...Download file to see next pagesRead More
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