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The Canadian Legal System vs. The United States Legal System - Research Paper Example

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It gave Canadian women power over abortion. Every bill passed by the Canadian legislature trying to criminalize abortion failed. This made Canada the only democratic…
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The Canadian Legal System vs. The United States Legal System
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Abortion: The Canadian Legal Sytem vs. The United s Legal System The liberalization of criminal abortion in Canada in 1969 led to the unconditional freedom of abortion in Canada. It gave Canadian women power over abortion. Every bill passed by the Canadian legislature trying to criminalize abortion failed. This made Canada the only democratic country to have no laws against abortion. In spite of this non-restriction, Canada remains to have a very low rate of abortion cases and has one of abortions complications in the world. The abortion rights in Canada were grounded in their constitution where women’s rights to “security of the person” are prioritized. The abortion law was found to violate the rights of women when it comes to their “freedom of conscience” and “liberty”. Women’s rights are protected in the Canadian constitution that’s the reason why the government is reluctant to touch the topic regarding the unborn since it would be a violation of the women’s constitutional rights to do so. In Canada, women are given the power of choice.
The government funds abortion through the Canadian Medicare except for two provinces which refuses to grant it full funding even if it is required by law. This refusal is because of two reasons; one is because of politically motivated anti-choice biases and the discrimination of private clinics which are operating outside of the Canadian healthcare system. Most of the abortion procedures are done in public hospitals but most of the hospitals do not perform the surgery. Having access to the procedure is a major problem for women in major places. This predicament leads women to travel distances (Arthur, 2011).
In America, the abortion law has lots of restrictions even if it is legal. The American court ruled a “trimester framework” for abortion. On the first trimester, the law allows doctors to perform the procedure regardless of reason disregarding the right of the woman to choose. On the second trimester, a state could regulate the abortion only if it is for the woman’s health. In the third trimester, which is after viability, states could protect the unborn life except if it is necessary to protect the well-being of the mother (Monahan, 2006). Parental consent is needed for teenagers seeking an abortion. In contrast to Canada allowing the use of public funds, the use of public funds and facilities for abortion in America is not allowed. Viability tests are also required after 20 weeks. And women are forced to have a waiting period and visit the clinic at least two times.
Monahan, Michael ( 2006). Planned parenthood of Southeastern Pennsylvinia, et al., v. Robert P. Casey, et. al. Abortion Information You Can Use. Retrieved from http://www.abortionfacts.com/court_cases/casey/oconnor_3.asp
Arthur, Joyce ( 2011). Why Abortion Care Must Be Fully Funded. Retrieved from http://www.arcc-cdac.ca/action/abortion-funding.html Read More
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