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The right of privacy is broad enough to encompass a woman’s decision on whether to terminate pregnancy or not. According to UN there are set committees created to ensure governments’’ compliance with their treaty obligations. The committee on the elimination of discrimination against women (CEDW) states that it is the duty of states parties to ‘respect, protect and fulfill women’s right to health care. The committee also raised concerns to unsafe abortion particularly in cases of rape. Such incidence also has raised the mortality rates in the world.
When the case of Roe v. Wade was decided in January 1973, abortion except to save a woman’s life was banned in nearly two thirds of the state (Payment, 2004). The banned made women’s organizations to fight for the right to access safe and legal abortion, and surprisingly international human rights law support their claims.
Since 1973, in the decision of Roe v. Wade by the Supreme Court, states have constructed a lattice work of abortion law, codifying, regulating and limiting whether, when and under what circumstances should a woman abort. The denial of a pregnant woman’s right to make an independent decision regarding abortion violates or poses a threat to a wide range of human rights. The CEDAW committee has consistently criticized restrictive abortion laws that endanger a woman’s life. The UN committees suggested that women have a right to decide independently in all matters related to reproduction, including the issue of abortion.
Roe a single woman in Texas sought a declaratory judgment that the Texas criminal abortion statutes were unconstitutional on their face, and an injunction restraining the defendant from enforcing the statute. She alleged that she was unmarried and pregnant and she wished to terminate her pregnancy by abortion. The abortion was to be performed by a competent
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The ruling of the high court in respect of this case brought a major change, leading to the legalization of abortion.Today, abortion is considered to be the right of the woman in respect of the fourteenth Amendment of the US constitution. The following sections of the paper are dedicated to discussing the Roe v. Wade case.
This issue remains central and people who support or oppose abortion are very passionate about it, so that four decades since the Roe v. Wade ruling, there seems to be no relenting by the two sides. This is because of varying views caused by differences in culture, religion and politics.
Although McCorvey later turned against abortion, she pioneered a law which has given women the right to bodily autonomy since 1973. Recently the abortion debate has been gripping the United States more furiously than ever, with many new arguments and even laws being made against it.
Wade has been the subject of a constant, divisive public and political debate regarding its moral, ethical and constitutional merits. The plaintiff, Norma McCorvey, who represented all women who are pregnant in the case, used the alias
This decision in effect, legalized abortions rather than decreeing a ban on the practice. The decision raises the ethical issue of whether it is morally right to allow precedence to a woman’s right to choose as opposed to the rights of the unborn fetus that is
on, made without any assurance of protection or threats and “with complete familiarity of his legal privileges, including any declaration which he made might be employed against him. Later, Miranda’s admission was allowed into testimony at the trial, and he was sentenced
After several appeals, the case reached the Supreme Court, which ruled 7 to 2 in favor of the plaintiff.
The Court upheld Roe’s contention, basing its opinion on the Fourteenth Amendment’s Due Process clause, which protects an individual’s right to
Secondly, does the due process clause of the 14th amendments in US protect the right to privacy? Thirdly, are there circumstances where a state may establish laws that prohibit abortion? Fourthly, did the fact