Legal History and Issues of Abortion - Essay Example

XXX XXX ABORTION Abortion is a very controversial topic which often divides people into two groups: pro-abortion or pro-life. Religious and conservative sectors of society have longed viewed abortion as a criminal act, tantamount to murder as a mother deliberately decides to kill her own child. On the other hand, those who favor abortion believe that women have a choice when making decision over the bodies. An abortion happens when a pregnant woman willingly gives up the life of her unborn child. Usually, this is known as induced abortion ; on the other hand, a miscarriage is a spontaneous abortion since it occurred without any effort on the part of the mother. This topic lies within the “gray areas” of human rights and impedes on religious moralities. Legal History of Abortion Abortion was practiced way back in Ancient times. It was always considered as an option when the child would endanger the life of the mother. It was only in 1869 that the Catholic church considered abortion as” a sin punishable by excommunication” ( Trupin, 2009). Other than this law, abortion was not considered illegal until the 19th century, not because of its moral implications but because there were no laws that existed contradicting abortion. It was then normal for a woman to seek even medical help whenever she wanted to terminate her pregnancy. There were no abortion laws before the 19th century. In 1829, laws restricting abortions began to spread across the United States. In 1965, there were over 250 deaths caused by women who tried to abort their babies Illegally ( civilliberty,about.com) .In the United States during the 1960s and 1970s, bans on abortion were deemed as unconstitutional and were lifted. The lift on bans brought negative tension towards the government. However, things changed drastically after the 1973 US Supreme Court decision which legalized abortion. In addition to this the highly controversial case, the Supreme Court decision on Roe vs. Wade left a deep imprint in the legal history of abortion in the United States. Nevertheless, the incidence of abortion has declined as reported by the study made by Sedgh ( 2007 )which revealed that the” incidence of abortion in the United States decreased by 8% from 1996 to 2003”. Such decline can be attributed to greater access to contraceptives ( pills, condoms) and better orientation on family planning even to grade-school children. Types of Abortion There are two types of abortion; surgical and medical. The different forms of abortion differentiate, reliant on the amount of time that has passed since conception. Early abortions are often times called “menstrual extractions”. There are different kinds of menstrual extractions according to emedicinehealth.com, namely: Before 9 weeks of conception, after the last menstrual period, an abortion can be performed medically or surgically, using drugs or a surgical procedure. Between 9-14 weeks, the fetus is sucked out using a dilation and suction curettage procedure. After 14 weeks an abortion is performed using a dilation and evacuation procedure. After 20 weeks, an abortion can be performed using labor induction procedures. It is similar to birthing the child. Reasons for Terminating Pregnancy Aside from unwanted pregnancy, abortion is performed for a better reason: to preserve the life of the mother. Trupin ( 2009 ) in her article Elective Abortion cited the reasons for underlying Therapeutic Abortion: 1. Medical illness that threatens the life of the mother; 2. Mother has a terminal illness such as breast cancer, leukemia, lymphoma or ovarian cancer; 3. Continued pregnancy would result into a child born with congenital disorder that would eventually lead to death ; 4. Rape or incest; 5. Intrauterine fetal demise; It must be understood that not all abortions performed serve only the personal purpose and desire of the mother to avoid the stigma and consequences of unwanted pregnancy. Nevertheless, there are still many cases of induced abortion as reported in Abortion Surveillance in the United States, 2005: “Although induced abortions usually are performed for women who have unintended pregnancies, which often occur despite the use of contraception, the approximately 4.6 million women who have had intercourse in the previous 3 months but were not using contraception might be the most at risk for “. (Piccinino, et.al 1998) Indeed, irresponsible sexual behavior contributes to increased incidence of unwanted pregnancy. Sadly, statistics also show that induced abortion is the primary option in terminating unwanted pregnancy. The Right To Live When babies are ready to be aborted they already contain their vital organs, including the heart, brain, and lungs. Anti-abortionists believe that the human life begins when the egg is fertilized and use that to oppose abortion. Most believe that aborting babies that are manifested through rape or incest should be aborted which stands against the common stand “Unborn babies are still human, they have the right to live”. Many women believe that taking away the right to abort their unwanted children is a form of sexism. By forcing a pregnant woman to conceive an unwanted baby, she may feel like she’s being treated as a “baby-making machine”. "Facts on Induced Abortion in the United States " from Guttmacher Institute revealed that ( qtd. from sacrletten.com) : about 80% of women who abort their children are over 18 and unmarried One out of three women will have at least one abortion by the age of 45 The majority of women who have abortions are already women Most women who have abortions intend to have children in the future 70% of women who have had abortions have become Catholic or Judeo-Christian 1.2 million abortions are performed each year in the United States with 20-30 million legal abortions performed each year. It is the most-practiced medical procedure in the United States. Nevertheless, abortion poses maternal risks to the mother ,“ in 2004, seven women died from causes known to be associated with legal induced abortions, and one died as a result of known illegal induced abortion “(Abortion surveillance, November 2008). A hemorrhage may occur, causing her to die through loss of blood. A woman may also lose her ability to have children An abortions is not a natural procedure for any creature, a woman’s body may not be able to recover from injuries caused by abortions. Aside from physical harm, abortions can harm a woman socially. Socially, abortions are not accepted by all people. A woman may be ostracized from her community or physically harmed by others. Pro-abortionists have been murdered for their beliefs and anti-abortionist radicals. One victim, George Tiller, was a doctor who performed abortions. He was shot dead inside of his church. “George was shot down in his house of worship, a place of peace.” ( Hufftington Post )Aside from being harmed socially and physically, a woman can go through emotional problems in the future, facing a strong remorse for ending the life of her child. CITATION PAGE "Abortion." eMedicineHealth. N.p., n.d. Web. 22 Feb. 2010. . "Abortion." The Proceedings of the Friesian School. N.p., n.d. Web. 22 Feb. 2010. . Corinna, Heather. "All About Abortion | Scarleteen." Scarleteen | Sex Education For The Real World. N.p., n.d. Web. 22 Feb. 2010. . "George Tiller Killed: Abortion Doctor Shot At Church." Breaking News and Opinion on The Huffington Post. N.p., n.d. Web. 22 Feb. 2010. . Head, Tom. "Why is Abortion Legal in the United States - Learn Why Abortion is Legal." Civil Liberties at About.com - Your Guide to Civil Liberties News and Issues. N.p., n.d. Web. 22 Feb. 2010. . "Facts on Induced Abortion in the United States ." Guttmacher Institute: Home Page. N.p., n.d. Web. 22 Feb. 2010. . Piccinino LJ, Mosher WD. Trends in contraceptive use in the United States: 1982–1995. Fam Plann Perspect 1998;30:4–10, 46 Sedgh, Gilda, Stanley K.Henshaw, Susheela Singh, Akinrinola Bankole, and Joanna Drescher. "Legal Abortion Worldwide: Incidence and Recent Trends." Guttmacher Institute: Home Page. N.p., n.d. Web. 22 Feb. 2010. . Trupin Suzanne. "Elective Abortion." emedicine. Medscape, 16 Nov. 2009. Web. 15 Feb. 2010. Read More