Analysis of the UK and US Abortion Laws - Coursework Example

Human Right and Healthcare Author’s Name Course Professor’s Name Institutional Affiliation Date Human Right and Healthcare Introduction The issue of abortion has brought a controversial debate in regards to ethical and health values upheld in the society, for example in the United States and the United Kingdom. There is a dilemma question on whether the issue of abortion helps to enhance or diminish the rights of women. Generally, one of the critical aspects of women’s fundamental rights is that they have a right to safe and legal abortion services (Pollitt, 2015). Although abortion is not a fully embraced practice, it is important to ensure that women enjoy their health rights in regards to the set constitutional laws. Therefore, according to some of the UK and US laws, abortion helps in protecting the rights of women. For example, most of the laws that support abortion argue that it gives women the right to decide on the number and spacing of their children (Ganatra, 2015). This is among the many human rights arguments in support of abortion as discussed below. The aim of this essay is to provide adequate information and critically analyse the UK and US abortion laws which support a right to access abortion services amongst women. Firstly, the essay will outline some of the abortion laws in the UK and the US surround the practice of abortion. Secondly, the essay will outline the abortion laws that restrict women’s right to equality. Thirdly, the essay will outline how safe abortion practices protect women’s right to life, health right, right to be free from discrimination, and inhuman treatment. US laws that support a right to access abortion services Both the United States and the United Kingdom have established human rights that highlight on the issue of abortion. There are laws in the US and the UK, which support a women’s rights to accessing abortion services. According to the current judicial interpretation of the U.S Constitution, especially the Supreme Court, the practice of abortion is legal, but various states may form restrictions to a certain extent. in 1973, the Supreme Court of the United Sates made a landmark decision about legalizing the abortion practice. Although the overall constitution has authorised the practice, some states in the United States have passed regulations that restrict later term abortions or abortion without parental guidance. Firstly, the Fourteenth Amendment article of the US constitution supports the practice of abortion by stating, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” This means that as long as one is a citizen of the United States, it is their right to practice abortion, as long as it does not expose one to harmful health effects. The Fourteenth Amendment also explains that there is no state allowed to deprive a citizen of life or liberty without following the due process of law. Based on this, it is evident that this section of the constitution has acknowledged the practice of abortion, since it protects women’s productive rights. Additionally, in 1993, the U.S. Senate Judiciary Committee issued a report, which stated that the there should be no barriers set in the United States, when it comes to women obtaining an abortion due to any solid reasons. This report, which is related to the Human Life Amendment, argues that women have the right to enjoy their reproductive rights. UK laws that support a right to access abortion services In the United Kingdom, abortion has been legalized in most of the states. specifically, the Abortion Act of 1967 states that Abortion is legal up to 24 weeks . However, this law states that if the pregnancy poses a risk to a woman’s life or there are case of foetal abnormalities, there exists no time limit for the abortion process. Despite the legalization of abortion, the practice is prohibited in regions such as Northern Ireland. in such a case, most people travel to the United Kingdom to visit an abortion clinic. Treaty Monitoring Bodies that support Abortion in the UK and the US Apart form the constitutional rights, instruments such as The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) have worked hard to ensure that women do not face any form of discrimination in their society. The UN General Assembly founded this organisation in 1979, and it is publicly recognised as an international bill of rights for women (Akrivopoulou & Psygkas, 2011). International human rights have highlighted the issue of abortion in various ways: firstly, according to the United Nations Treaty Monitoring Bodies (TMBs), the Human Rights Committee (HRC), and CEDAW, it is imperative for states to review the abortion laws (Joseph, 2009). According to these instruments, restricting women from accessing safe abortion practices means denying them the right to both life and health. Moreover, engaging in unsafe abortion practices among women has resulted in high rates of maternal mortality as well as morbidity. Therefore, these unions fell that the states have a responsibility to review the abortion laws. Additionally, the Treaty Monitoring Bodies (TMBs) also argue that the states should eliminate the strict abortion laws, especially during cases when the pregnancy poses a risk to the life or health of a woman (Weatherford, 2002). Therefore, according to the union, the state should consider cases such as fetal impairment or when pregnancy results from rape or incest. This means that not all the pregnant mothers should be restricted from aborting, especially if the intention is to protect their life of future health. Another human rights norm is the fact that Treaty Monitoring Bodies TMBs such as Human Rights Commission (HRC) and CEDAW have formulated decisions in regards to individual petitions on abortion practice (Great Britain, 2010). According to their decisions, it is not right for states to fail ensuring that women have access to legal abortion services . These unions believe that failure to provide women with abortion rights is a violation of their health rights. Moreover, it violates their rights to privacy and non-discrimination. It also violates their freedom to sex roles and freedom from inhuman treatment. Therefore, in order to cater for the rights of women in the society, it is important to abolish the restrictive abortion laws and practices. There are also other TMBs that feel abortion is legal’ hence a state should ensure that it is accessible to women (Lockwood, 2006). In addition, TMBs have framed and highlighted the barriers to women’s access to abortion services. According to these unions, these barriers include high cost, waiting periods, introduction of counselling services to aborting mothers, potential violation of human rights, and the requirement of a third-party authorization. Abortion Laws that Restrict Women’s right to Equality On the contrary, to the above international human rights, there are others laws that restrict women from practicing abortion; hence acting as barriers to women’s right to equality (Fisher, 2014). It is important to guarantee the reproduction rights of women, since it enables them to exercise their autonomy and gives them the ability to determine the status of their reproductive lives. In order to realize the reproductive rights of women, it is important to first fulfil the rights to equality and non-discrimination (Murthy & Smith, 2010). This is because they go hand in hand with allowing women to make choices in regards to their reproduction. However, reproduction rights predominantly affect women for two main reasons: The first reason is biological, in that since only females can become pregnant, the laws and regulations that restrict women from deciding on whether to carry a pregnancy to term tend to compel them to becoming mothers (Heathe et al., 2006). In some cases, these legal and regulatory barriers force young females to become mothers; hence denying them the right to make their own decisions. Generally, these legal restrictions tend to undermine the agency of women in making crucial decisions that have an impact on their lives as well as opportunities. In all the instances of pregnancy, women bear the health risks that are associated with the process of childbirth. These risks can result in mortality or lifelong disability. Another reason why reproduction rights can affect women is due to gender discrimination and stereotyping as well as traditional roles of women. In the society, the role of women is socialized as the primary caregiver; hence, these female victims do not receive the practice of compelling them to become mothers kindly (Erdman, 2016). This is because time spent on childbirth and bearing limits women from seeking employment or further education. It also restricts women from pursuing their political careers. Therefore, when women are restricted from accessing abortion information and services, the state violates their rights to equality and non-discrimination. This form of restriction also acts as a barrier to women’s right to privacy, health, physical integrity and the right to decide on their preferred number of children, depending on their financial status and other crucial factors (Reiman, 1999). These restrictions as well as barriers affect the general perception of women in the society. As stated earlier, the barriers that inhibit women from accessing legal abortion services include conscientious objection, long waiting periods, authorization from a third party, lack of adequate information on abortion services, and biased counselling (Callahan, 1984). These legal restrictions and barriers create discriminatory stereotypes within various social institutions. According to these gender discriminatory stereotypes, women are not competent or reliable decision makers and the only primary role assigned to them is parenting. These restrictions are mainly based on the stereotypical perception that women are not capable of making informed or rational decisions. This clearly proves that women are demeaned as decision makers in the society. According to the US and the UK laws, denying women the right to decide if to carry a pregnancy to term discourages them from exercising their autonomy. Women should be allowed to effectively exercise this right since it is up to them to make their own productive decisions (Peers, 2014). According to most TMBs, the state should have certain expectations to restrictive abortion laws. However, these exceptions are narrow and inadequate in fulfilling the human rights of women. To ensure that a state enables women to fulfil their fundamental human rights, the abortion laws should allow women themselves to have the final say in deciding whether to carry a pregnancy to term or not. This means that these women should enjoy their right of exercising their reproductive autonomy. It is also necessary for them to have adequate resources that enable them to exercise their rights (Watkins, 2005). This is because a large percentage of females are forced to carry the pregnancy simply because they lack adequate resources to conduct the abortion process. It is advisable for the UK and the US states to ensure that women have access to safe and legal abortion services and to liberalize abortion laws. These states should also take measures that address the gender effects of parenthood on women, which result from gender-based stereotypes. Women's Human Rights in Regards to Legal and Safe Abortion Based on the UK and the US laws, it is the right of women to have legal and safe abortion. Having the right to conduct safe abortion is a guarantee of life, health, freedom from discrimination and inhuman treatment, having autonomy in reproductive decision-making, and the right to utilise the benefits that result from scientific inventions (Rappaport & Seidman, 2000). Women’s Right to Life In the United Kingdom and in the United States, several human rights protect the right to life. There are set political and civil rights that talk about their compliance with the right to life. According to the Human Rights Committee (HRC), all the states are required to implement measures to assist females to prevent unwanted pregnancies, and to makes use that they do not go through with life-threatening abortions (Coliver, 1995). Most of these rights are established in order to protect the life of women, since as citizens, they have a right to life. This means that forcing a woman to undergo a life threatening abortion nullifies her right to life. However, this law does not imply that women should not take part in abortion. Instead, it means that they should have access to safe abortion practices. Brems (2013) explains that in nations where abortion is illegal, women tend to seek abortion secretly. In most cases, these women engage in abortion under procedures that are medically unsafe; hence, threatening their lives. According to the World Health Organisation (WHO) more than 21.6 million women were exposed to risk and life-threatening abortions in 2008. These unsafe abortions resulted in the death of more than 47,000 women (Schroedel, 2000). The practices of unsafe abortion directly results in high maternal mortality rate in most countries. In most cases, the decision to terminate one’s pregnancy exceeds the worry about using unsafe abortion procedures. It is not right for states to jeopardize the lives of women in a bid to discourage them from aborting, since most will prefer using the means necessary to terminate pregnancy (Murthy & Smith, 2010). This means that laws that force women to opt for unsafe procedures infringe upon the right of women to life. Various United Nations (UN) human rights bodies also claim that there are many maternal deaths caused by unsafe abortions, and this makes it a violation of women’s right to life (Smith, 2003). Resultantly, most of them have requested various involved states to review these restrictive laws that define abortion as a criminal act. These UN bodies have also urged the states to increase access to family planning as well as information on reproductive health in a bid to reduce the cases of risky abortions (Koleva et al., 2014). Every woman has a right to undergo safe abortion to avoid the risk of losing her life. Although the opponents of abortion are mainly associated with the phrase “right to life”, it does not imply that international setting fully restrict on abortions. Although there are moral and ethical values associated with protecting life, it is only fair to cater for the concern of the mother as well (Reilly, 2009). In some cases, the pregnancy may pose as a great risk to the life of a woman, and it would only be advisable to terminate the pregnancy. In the United Kingdom, the European Court of Human Rights states that it is undesirable and illogic to fully classify an unborn child as a person as it is in regards to article 2 of the convention (Weisstub, Díaz, & Universidad de Castilla-La, 2008). The court goes ahead and clarifies that it is the responsibility of the law to protect every citizen’s right to life including the pregnant women. Therefore, this court has not established a form of ruling that will question the validity of the laws that permit abortion in 39 member states of the Council of Europe Women’s Right to Health in the UK and US laws In the United Kingdom, the international laws ensures that women enjoy their right to the highest attainable standard of health, both physically and mentally. The United States also supports this law by stating that every citizen should be protected from any health risks (Brems, 2013). In order to enhance the right to health, both governments enact laws that offer healthcare and create conditions that allow citizens to enjoy good health. In the year 2000, the Committee of Economic, Social and Cultural Rights states that the right to health includes giving allowing citizens to control their own health and body, especially reproductive freedom (Zuniga, Marks, & Gostin, 2013). According to this committee, the right to health also includes freedom from interference in regards to one’s reproductive choices. The right to health also allows citizens to eliminate all barriers that interfere with the access to reproductive health information and other health services (Norgren, 2001). This means that the laws also includes the areas of reproductive health. In regards to the rights of women, in both America and Africa, the right to health also includes having accessibility to safe and legal abortion services. Unlike in the UK and the United States, the rights established in most African countries state that the right to abortion should also be practised under certain circumstances for example cases of rape, incest or deformity. For the women in these countries, their right to health should also include both reproductive and sexual health. It is important to respect these rights by implementing effective measures in order to legalize abortion practice. However, most African countries only respect these reproducing rights during cases of sexual assault, incest, and rape (Gordon, 1999). In such circumstances, continued pregnancy can endanger the mental and physical health of the mother. Both the lives of the mother and the child can be at risk, and under such circumstances, abortion should be legalized. On the contrary, the UK and the US feels that the practice should be fully legalized because women have their right to health. Evidently, the above argument proves that safe abortion services assist in protecting the health rights of women. The right to health extends the responsibility to the government by them ensuring that women have access to reproductive health information and can make informed decisions concerning their reproductive lives. Making reproductive decisions for these women include deciding if to continue a pregnancy and to have access to safe and legal abortion (Ross, 2008). This ensures that mothers are not exposed to the risks of abortion, which can have major negative health effects, and this can result in pelvic inflammatory disease of uterine perforation. Taking the above measures will ensure that states eliminate the barriers that prevent women from accessing health services. Health will be achieved if women have access to high-quality abortion information and services (Corbin, 2014). There are various UN human rights that have recognized the major impacts of these restrictive abortion laws, which tend to negatively affect the health of women. These restrictions have raised major concerns on why women lack access to safe abortion services. In 1994, the International Conference on Population and Development (ICPD) was a program of action that was meant to urge the government to consider the consequences of unsafe abortions on the health of women (Oyer, Vishnu, & Sonnad, 2001). According to this program, it is the role of the government to ensure that it is liable for the health impact of risky abortion, since it is one of the main health concerns amongst women. Additionally, during the Fourth World Conference on Women, which was held in 1995, the society also urged the government to review the laws that set measures against women who had undergone unauthorized abortion (Kumanyika, Morssink, & Nestle, 2001). This proves that many movements have been formed in a bid to fight for the health rights of women. One of the women’s human rights is safe and legal abortion. Many health institutions are currently addressing the issue of women’s sexual and reproductive health in regards to unsafe abortion procedures. When implementing laws in regards to health rights, it is important for the government to consider the health consequences of unsafe abortion. This clearly shows that legalizing abortion will solve more health problems rather than illegalizing it only to force women to seek other unhealthy and secretive ways of terminating pregnancy. Women’s Right to Equality and Non-Discrimination Both the United States and the UK believe that he right to gender equality is a fundamental law that should be maintained in any governed state. As a human rights law, women should be treated equally and fairly without facing any form of discrimination for being females (Lamkin, 2016). Most of the human rights revolve around the fact that there should be freedom from discrimination in regards to enjoying one’s rights. The Convention on the Elimination of All Forms of Discrimination against Women (CEDWA) has also raised issues on the discrimination against women (Centre for Reproductive Rights, 2013). Precisely, this movement tries to campaign against laws that prevent women from exercising their human rights in regards to equality with men. Subjecting women to retaining the pregnancy is equivalent to compelling them to become a mother. In 1999, the CEDWA committee identified the laws that illegalized the medical procedures during abortion and punished women for engaging in unsafe abortion (Gruskin, Grodin, & Marks, 2005). Denying women from accessing safe abortion procedures is a form of gender discrimination. This is because these laws that restrict the process of abortion prevent women from exercising their right to freedom in reference to equality with men. As the laws states, men and women are equal in the eyes of the low; hence, women should also have a choice in making their own solid decisions, even when it comes to reproductive choices (Tobin, 2012). Only women tend to face the physical consequences of keeping an unwanted pregnancy. Some of these risks may include maternal injuries, which mostly occur during labor. This shows that women are more likely to face health risks unlike men. Laws that prohibit abortion tend to undermine the ability of a women to make solid decisions regarding their bodies and lives (Murthy & Smith, 2010). These laws are known to have a discriminatory purpose of viewing women as the less superior gender in the society. Research by Fletcher (2001) shows that the lack of allowing women to decide on matters concerning their body is closely related to the act of denying females decision-making roles within the socio-political environment. This is mainly supported by the fact that the society views women as subjects who should stay at home and offer care to the family. For the states that criminate abortion even during instances of rape, it shows that the society does not support the equal rights between men and women (Chavkin & Chesler, 2005). Therefore, form this; it is evident that unsafe abortion is a clear sign of discrimination against women. Women’s Right to Reproductive Self-Determination The instruments of human rights ensure that women are in a position to make decisions in regards to their own bodies (Minkenberg, 2003). Since they are the only ones who can conceive, it is only fair to allow them to make solid decisions about their own bodies. Precisely, women require their right to freedom in decisions revolving around their private matters. Factors such as physical integrity and the right to decide on the number of children one wishes to have are vital during the implementation of these abortion laws (Siler, 2013). Privacy is a very important factors and women who are pregnancy to self-determine what action to take about the pregnancy. In this case, it is their right of women to decide of to bring a pregnancy on term or not. Unwanted pregnancies result in negative effects on a woman’s well-being, both physically and emotionally (Sherkat & Ellison, 1999). The decision that a woman makes in regards to her own body and reproductive capacity should be private as a sign that the government respects the decisions of people. Although it is good to have an adviser, the women should have the last say on whether she is willing to have a child (Minkenberg, 2003). In this part, the government has no say is influencing her decision. Reproductive self-determination is proof that the issue of gender discrimination in the contemporary society ahs minimized. According to the Human Rights Committee (HRC), it is not fair to deny women access to legal abortion, since it is an act of interfering with their private lives. The European Court of Human Rights has also recognized the relationship between a woman’s pregnancy and her private life (Auweraert, 2002). The European Court of Human Rights, which is shortly known as (ECtHR) is a human right that is mainly based in France and it started operating in 1959. Since its implementation, this law has been used to deliver delivered more than 10,000 judgments. According to this court, it is important to maintain and secure the physical integrity of pregnant women. This law is based on the fact that restricting women from proceeding with abortion is a violation of the European Convention on Human Rights. Every court should ensure that women are able to make informed decisions on whether to terminate the pregnancy. They should also have access to abortion services in a timely manner. Woman’s Right to be Free from Cruel, Inhuman, or Degrading Treatment In the United Kingdom, the international law states that it is the right of women to be free from many cruel or inhuman treatments. The Committee of Human Rights believes that inhuman treatment is not only associated with acts that result in physical pain, but also covers mental suffering, which can be influenced by lack of access to safe abortion services (Hanafin, 2009). Compelling women to carry pregnancy to term can result to both physical and mental suffering. Due to restrictive abortion laws and policies, many women tend to experience pregnancy complications. The women experiencing these complications lack medical assistance due to illegalization of abortion. In some cases, some of the women who may require therapeutic abortion suffer from physical pain as well as life-threatening conditions (Armstrong & Pederson, 2015). Most of the Human Rights bodies are aware that restrictive abortion laws resulting violation of the right to enjoy freedom from cruel and degrading treatment. Additionally, the Committee against Torture also believes that these restrictive laws only force women to carry unwanted pregnancies to term. According to the committee, the laws also lead to women undergoing illegal abortions that jeopardize their health and lives in general. This means that when the state lack to take measures in preventing these restrictive laws, it is an act of cruelty and inhuman treatment. In addition, total restriction on abortion, which results in a woman carrying an unwanted pregnancy, which resulted from rape of gender-based violence, is a sign of cruelty. Restricting the act of abortion in such circumstances leads to constant exposure to the violation faced by the woman (A, B and C v Ireland, 2010). In serious cases, restrictive abortion laws have caused women to face traumatic stress. This psychological problem leads to anxiety and depression among these women. This leaves the question as to whether it is fair to implement strict abortion laws, only to contribute to the suffering of these mothers. Criminalizing abortion goes against the right to free citizens from cruel and degrading treatment. Women undergo stressful and severe suffering when the lack access to abortion services. Therefore, states should not introduce restrictive abortion laws, since they only contribute to the mistreatment and suffering of pregnant women who do not wish to proceed with the pregnancy to term. Conclusion In summary, it is evident that the issue of legal or unauthorized abortion has raised a controversial debate within the contemporary society. The current laws that have been implemented in countries such as the UK and the US support the legalization of safe abortions amongst women. However, countries such as Ireland categorize abortion as an illegal and unethical practise. In the United Kingdom, the European Court has embraced the fact that unauthorizing abortion practice only encourages women to look for other means of terminating pregnancy (Erdman, 2016). According to the UK and the US laws, abortion laws help to protect the human rights for women in that protects the woman’s right to life. 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