Ethical and Legal Aspects of Abortion - Term Paper Example

the issue of Abortion Insert HERE Insert Here Abortion A highly charged issue with both proponents and detractors, abortion remains hotly contested in the United States as well as around the world. Abortion is the termination of a pregnancy through the intervention of doctor, whether the practice is state-sanctioned or not. While the death to the unborn can occur spontaneously such as through specific pregnancy complications leading to a miscarriage, the removal of the fetus and or embryo from the uterus resulting in the death of the unborn child will be the focus of this analysis. While therapeutic abortions, meaning the termination of a pregnancy when the health of an expecting mother is in jeopardy are commonplace and accepted by most health practitioners as a legal and ethical solution to an unfortunate situation, the idea of an elective abortion is abhorrent to some and remains seeped in controversy. Seeking to explore the ethical and legal aspects of abortion, this essay will provide a concise yet comprehensive introduction to the major issues surrounding abortion in America today. In light of the high profile murder of controversial late term abortion doctor George Tiller earlier this summer, this essay is particularly topical and timely. We now turn to an analysis of the ethical and legal aspects of abortion (Lader 3; BBC, 2009). Ethical and Legal Aspects of Abortion From an ethical and legal standpoint the abortion is heavily charged and polarizing. Anti-abortion advocates (also known as pro-life supporters) argue that abortion is murder and that it must be opposed on both ethical and legal grounds. Pro-life advocates believe that the right to life is an intrinsic moral and ethical right which must be safeguarded by all means necessary. They see the fetus or embryo as a leaving being and one of the most vulnerable members of society, thus in need of protection and care. Anti-abortion advocates argue that abortion does not liberate women but actually makes them subservient them to wider social agendas and does not tackle the root causes of the problems at hand, namely teenage pregnancy and the lack of social services (daycare, maternity care, etc) needed for expecting mothers. Thus the ethical issues of motherhood are not properly addressed in a society which promotes abortion as an option for expecting mothers. Importantly, they also point out that more than half of all abortions are undertaken by visible minority women and that 7% of all abortions are undertaken by minors (Kost 8). Additionally, from a purely health perspective, pro-life supporters believe that the long-term physical and emotional repercussions of abortion can be severely damaging to the health of women (Saletan 24). Despite this arguments concerns the mental ramifications of having an abortion, Major et al. (2008), conducted a study for the American Psychological Association and did not find adequate evidence to support the contention that abortion and depression in women are interrelated. On the polar opposite end of the spectrum, advocates of abortion argue emphatically that women have the moral right to do what they want with their bodies and that the right to abortion is an important right which promotes gender equality in a society which is subsumed with both latent and overt discrimination against women. Accordingly, in a patriarchal society, the right to abortion is a fundamental human right which must be safeguarded through legal means. In the United States Roe vs. Wade officially set the legal precedent for the availability of elective abortions across the United States. Milton et al. (1973) demonstrate that there are many reasons why women choose to have an abortion and what is important is that women have the choice to do what they choose with their bodies. Advocates of abortion argue that a fetus does not become a “being” until it comes to term and is able to breath on its own. Accordingly, for abortion advocates, “the fetus is not a person from the moment of conception. A newly fertilized ovum, a newly implanted clump of cells, is no more a person than an acorn is an oak tree.” (Thomas 47). Thus, abortion is not murder but an elective procedure to terminate an unwanted pregnancy. Looking at the abortion movement in a historical perspective, Joyce Arthur argued that, A womans right to choose whether to have a baby or an abortion is a constitutional right. The Supreme Court threw out the old abortion law because it violated womens rights to security of the person, liberty, and freedom of conscience. The court also found that the old anti-abortion law was discriminatory against women, especially vulnerable groups of women, such as poor women, young women, and rural women (Arthur 2009). From a legal standpoint then, abortion remains legal and that pregnant women have a constitutional right, under the Fourteenth Amendment, to choose whether or not to terminate a pregnancy (Shapiro 3). We live in a society in which gender inequality is not the norm and the rights of women must be safeguarded through legislation to protect the right to abortion. For most women, abortion is a last resort and not something which is undertaken with callousness or blatant disregard for what is being done. Abortion remains an important right for women across this great country and for it to be taken away would amount to a giant step backwards in gender relations. From an ethical standpoint, men should not have the right to tell women what they can or cannot do with their bodies. From a legal standpoint, abortion remains a legal, elective procedure and this must be maintained for both ethical and legal reasons. In many places of the world women do not have the choice to make and we should be grateful that at least in our society the woman involved has the opportunity to make an informed decision. As Bernabé-Ortiz et al. (2009) point out, there are numerous dangers associated with clandestine abortions and women’s rights can only be protected through legislation which permits legal abortion. While the issue remains charged, and the recent murder of an abortion doctor in Kansas reminds us just how topical the issue is, the need for safe, legal abortion remains as important today as it was thirty five years ago when Roe vs. Wade was before the courts. Concluding Remarks Abortion remains an important social issue with important ramifications in both the social and political spheres. Will the rights of women to safe and legalized abortion be trampled upon or will elective abortion remain legal in this country? Only time will tell. Right now though, the issue of access to safe and secure abortion clinics is coming under threat, as highlighted by the recent murder of Dr. Tiller. While anti-abortion advocates believe that life is intrinsic at conception and that the right to life of a fetus begins early in the womb, pro-abortion supporters feel that life begins at delivery and birth. Most legal scholars have tended to agree with this perspective although it has been under attack for much of the past forty years. Feminist scholars such as R.P. Petchesky (1984) argue that the right to abortion does little to promote women’s rights but actually makes them subservient to the medical community and the rights of physicians to determine what is best for a pregnant woman. This is a highly controversial assertion and one that is frequently dismissed by mainstream feminists as implausible and fallacious. Despite the acknowledgement on both sides of the debate that there are frequently ramifications of the medical abortion procedure on the women involved, most people feel today that a woman’s right to choose is an intrinsic right and hers alone to make. Thus the right to abortion is a right which promotes equality and aims to tackle the gender and sexual imbalances in society today. We live in a patriarchal society and the right to abortion is now seen by many as an important right of women. Accordingly, this important right must be safeguarded through legal measures. Reproductive freedom is not something to be taken lightly and women should have the right to do with their bodies what they see fit. This study of abortion has been an important and extremely topical subject to discuss in light of all of the controversy swirling around the issue of abortion in America today (see Ohsfeldt & Gohmann 2005 for more information concerning the politicization of abortion today). REFERENCES Arthur, J. “Why anti-choice activity should not be supported by universities”. Pro Choice Action Network. Last Accessed November 24, 2009 http://www.prochoiceactionnetwork-canada.org/articles/uvic-speech.shtml Bernabé-Ortiz, Antonia et al. "Clandestine induced abortion: prevalence, incidence and risk factors among women in a Latin American country." Canadian Medical Association Journal (2009). Diamonda, Milton et al. "Sexuality, birth control and abortion: a decision-making sequence." Journal of Biosocial Science (1973): 347-361. Kost, Stanley Henshaw. Trends in the characteristics of women obtaining abortions. New York: Gutmacher Institute, 2008. Petchesky R.P. Abortion and Womans Choice. New York: Longman, 1984. Lader, L. Abortion. New York: Beacon Press, 1967. Major, Brenda et al. Report of the APA taskforce on mental health and abortion. Washington D.C.: American Psychological Association, 2008. Ohsfeldt, Stephan F. Gohmann and Robert L. "Predicting State Abortion Legislation from U.S. Senate Votes: The Effects of Apparent Ideological Shirking”. Review of Review of Policy Research (2005): 749-762. Saletan, W. Bearing Right: How Conservatives Won the Abortion War. Berkley: University of California Press, 2004. Shapiro, I. Abortion: The Supreme Court Decisions, 1965-2000. New York: Hackett Publishing, 2001. Thomson, J.J. “A Defense of Abortion”, Philosophy and Public Affairs 1.1 (1971): 33-47. US abortion doctor is shot dead. British Broadcasting Corporation. Last Accessed November 24, 2009 http://news.bbc.co.uk/2/hi/americas/8076253.stm Read More