Abortion: Laws and Ethics - Dissertation Example

Abortion: Laws and Ethics Introduction: - The word abortion refers to the removal of the fetus from uterus of a woman following medical procedure. As a consequence of it, the fetus is terminated; precisely the fetus is killed in the woman’s womb and removed from there. The issue of abortion has raised several controversies in both social and legal grounds for ages. Many laws and litigations have emerged from issue of fetus termination, which is centered on abortion. The activists in support of abortion have put forward the choice of the woman and her authority whether she is willing to keep the baby or not. On the other hand, the people against abortion have been voicing out on the moral grounds and claim that there should be a ban on feticide. The movements against or in support of abortion has been leading the people to move to the legal domain for a solution, though, every time some new points emerge from these litigations. Abortion issue is an extremely sensitive issue. This is the reason that for several years this issue has been worrying the general people as well as the medical bodies across the world. The ethical problem that has come up from the abortion matter mostly concentrates around the question of morality. A known issue of pro life arises from the annihilation of fetus in the procedure of abortion. A number of populace bicker that fetus could be referred as organically a human being and it cannot meet the criteria of abortion as a person has a basic right to his/ her life and to live. The analysis of rightness or wrongness of any given act, i.e. abortion, is referred to as consequentiality of an affair; on the other hand, utilitarianism is referred to as a part of the consequentiality, since it takes the suitability or unfairness of an action to be decided by its penalty for everybody who gets affected by the particular act. Abortion as a stark social problem has persuaded a topic of argument for hundreds of years. People differ on two essential queries. The initial question is whether the edict should authorize a woman to have get an abortion done and, if so beneath what conditions. The other is whether the act should guard the fetus. Those who desire to lawfully border or prohibit terminate ions explain their place as a ‘right-to-life’ or ‘-life’. Those who consider that a woman should have the authority to make an abortion, submit to the activism as ‘pro-choice’. An abortion is the finale of a pregnancy before the delivery of a complete child. In the previous phases of pregnancy, the fertilized eggs, that grow and developed is called an origin of seed. After the three months of progress, the embryo is then measured as a fetus. Ethical dilemmas and legal bindings are important contributors to the decision- making in our current case of abortion concerning Sara. Ethical Grounds: - Social and psychological dilemmas of a modern woman: The grounds of supporting abortion have been more in number, especially in modern day’s context. Modern woman has pruned herself to lead a life with several fresh modes, which did not exist in the past or in the era of antiquity. The actions were much more limited for a woman in that time. There were not much scopes or exposures ahead her. The extremely hectic professional schedules have reduced her domestic life to a large extent. The notion of free sex, in the post- modern, have opened up the chance of getting pregnant, say pre- marital sex, or even a case of extra marital affair. The social problems of these cases are many, so abortion is an easy way out to get rid of these difficulties. The conception of a teenager and her conception is also a general issue now a day across the world. Though in most of the Western nations their respective governments or the society, for personal economic or mental state, acknowledges single motherhood many of the young women choose the path of abortion. However, the matured women or the women who already have children, make choice of abortion from various familial or economic issues. It came to the observation of the latter researchers that the mental health and well-being of the woman is also equally important as her physical goodness. Sara was neither economically nor mentally prepared for her fifth child. Therefore, it became a deep problem for her both socially and psychologically, as economic status of a family is largely associated with its social harmony. The primary importance should be given to the “… women’s suffering and distress” (Boyle, 1997, p.45), especially the women like Sara, who are not mentally prepared to accept another issue. Abortion may not be a good solution to get rid of an unwanted conception, but it may be a bigger crime to bring a new life in this world without proper preparation and give it a deplorable life and future. It might be a counter argument that the financial condition may get better afterwards but that would only a vague conjecture, chasing the wild goose. In Sara’s case, she was already the mother of four children, so a fifth child could damage the future of her other children too, as she was not in a financially sound condition. Theories- Laws and ethics: The adjoining ethical issues of abortion have close connection with the notion of ‘consequentialism’ or the associate issue of this term ‘utilitarianism’. Before delving into the association of these two terms, with that of abortion, it is important to explain these couple of important terms. In the context of ‘consequentialism’, the ethical issues are generally determined by measuring the good in the terms of the results. On the other hand the popular sub- term connected with ‘consequentialism’ is ‘utilitarianism’, “utilitarianism emphasizes happiness or pleasure utility as the desirable goal for human choice and action.” (Preston, 2007, p. 36). Another theory on the moral ground comes up with the term deontology and its association with abortion. In an opposition of ‘consequentialism’, deontological theories analyze the ethics of choices through the norms that are different from the states of affairs which options bring about with them. “Deontology incorporates the strengths of both rationalism and empiricism and attempts to avoid the flaws in each” (Heath, 2005, p.246). Kantian philosophy is a key instance of a ‘non- consequentialist’ approach. It means that events cannot be justified by their consequences, “Kant attempted to show the primary of moral decision marking over logical positivism and empiricism” (Heath, 2005, p.246). Therefore the moral grounds are more strongly put forward in the terms of deontology. The basic ground of the right of living emerges here, but it is question or decisive point to discuss whether the right is more important for the mother or the fetus. The child cannot be nourished properly if the mother’s well being, both mentally and physically is not sound. This returns back to the issue of abortion again, because women like Sara, generally take the decision of an abortion only in an adverse situation, she probably had no intention of terminating the pregnancy without any proper cause, as she has already bore four children and knows the profundity of motherhood. The case of Sara has generated lots of question to the entire issue of abortion, especially those regarding laws and ethics. There are mainly four ethical issues, which have emerged with this case of Sara; they are ‘autonomy’, ‘non-maleficence’, ‘beneficence’ and ‘justice’. In healthcare, autonomy is a moral standard where one should respect the right of human beings to have authority over decisions affecting their health and well-being. Beneficence this is regarding liability to provide the patient with the best. The healthcare professional should attempt to act in a way, which will help the patient. Non-maleficence is intimately connected to the term beneficence this is code which tells that one should not impose damage on others. Justice is where one must keep away from bias and seek to endorse the same benefits and handling of all those who are seeking help. There is medical, moral and lawful concord that preserves the right of patients to decline treatment. Though, there are many people who may argue that health professionals like doctors as experts are more suited to determine what the best interest of patients like Sara might be. The act of abortion issue had been illegal primarily, “Prior to 1967, abortion in the UK had been subject to criminal prosecution under the 1861 Offences Against the Person Act” (Smyth, 2005, p.121). However, that had been undoubtedly an injustice to the woman and her right to make a choice about her motherhood.  Sara has a right to autonomy this is where an individual should be able to make their own choices as she would like to have an abortion, while the Abortion Act of 1967 into effect on 27 April 1968 (Cox, Grady & Hinshaw, 2002, p. 87). The Abortion Act of 1967 was amended by the Human Fertilization Act 1991. According to this amendment, two doctors are required to sign a form to consent an abortion (Drife, Drife & Magowan, 2004, p.176). The Human Rights Act 1998 states, “In particular pregnant women who are refused an NHS abortion might justifiably claim that they have suffered unlawful discrimination” (Garwood-Gowers, Tingle and Lewis, 2001, p.263), this strengthens the ground of the women and also puts a point for Sara to fight for her right to abortion. There are many remarkable cases that came up with the issue of abortion in past. Abortion could emerge from many reasons. The case of Sara has few of them. When the issue of her abortion came up, she was already the mother of four children, and it was her fifth conception. She and her husband were neither mentally nor financially prepared for the fifth child. A late detection of her pregnancy actually led her to this huge trouble. Medical Procedures and Factors of Abortion: Abortion means the termination of an unborn fetus from the mother’s womb. This procedure cannot be absolutely painless or harmless to the woman. Modern methods have incorporated, many new ways to perform an abortion. Generally there are two methods of abortion that are followed for an abortion, surgical and medical ways of termination. The type of procedure that is used for an abortion normally depends on the fact that how many weeks the woman has been conceiving. There are some revolutionary and general methods of abortion in modern medical science and they might be discussed as follows: Medical induction: There is a drug called mifepristone; it is used in a combination with misoprostol (Milson, 2006, p.185). The doctors in Europe use it broadly for the early stages of abortions, and it is currently used on a regular basis, in the United States of America. Mifepristone actually obstructs the uterine assimilation of an important hormone called progesterone. Thus it causes the uterine lining and the fertilized egg or fetus to fall. It is later combined with misoprostol after two days, which enhances contractions in the uterus and helps to expel the fetus, with an almost instant start of bleeding. This procedure has lesser health stakes than the surgical termination of pregnancy and is effective in work most of the time. Medical researchers in European countries have reported only a few serious medical problems connected with this procedure. A few of the side effects include the cramping, stomach pain, and bleeding like that of an elongated cycle of menstruation. Both the ‘pro-choice’ and the ‘pro-life’ activists look into the usage of mifepristone with the combination of misoprostol as a significant progress in the debate around abortion. If abortion can be persuaded in simple, secured, secret and effective ways effectively, then the nature of the debate that surrounds the issue of abortion will transform drastically. If use of this process spreads despite frequent challenges from the antiabortion groups, termination of pregnancy will become almost an invisible as well as a personal affair, and a relatively private action. Ssra could have followed this procedure if the pregnancy was detected in the very early stage, but she could not do it due to a long time of conception that was almost of 21 weeks old. Dilation and curettage or dilation and evacuation: The dilation and curettage process is similar to vacuum aspiration. However, it must be carried in a good medical establishment and under the general anesthetic. It is followed within eighth and twentieth weeks after the last menstrual cycle. By the commencement of the 2nd trimester of the respective pregnancy, the uterus has been enlarged by this time and its walls have weakened. The suction process could not as simply remove its contents, and hence the dilation and curettage process is used here. This is the most appropriate process in the case of Sara, because her pregnancy was 21 weeks long. Therefore no other process is appropriate for Sara except this one. Remarkable Legal Cases Regarding Abortion: - Roe vs. Wade case: There are several cases of abortion that have stirred the legal history. For instance the case of Roe vs. Wade case had set a milestone in the issue of abortion and the litigations related to it. “Roe alleged that she was unmarried and pregnant; that she wished to terminate her pregnancy by an abortion” (US Supreme Court, 2008, p.16). According to the decision of Roe, most of the laws related to abortion in United States of America have been violating the individual privacy of the people. This directly takes in account the fundamental right to privacy. The judgment upturned all state and federal decrees that banned or restricted the abortion, which were found to be unsuited or incompatible with its holding. Roe Vs Wade case lifted up enormous arguments. It is measured to be one of the most hot and politically noteworthy cases in the record of U.S. Supreme Court. It got together massive historical implication. The central judgment that came out of the Roe Vs Wade case made termination of pregnancy acceptable for any reason that a woman shows, up until the position at which fetus becomes feasible or potentially capable to stay alive outside the mother’s womb. The Court’s decision also allowed abortion, except feasibility intended for those cases, where abortion becomes essential to care for a woman’s wellbeing. The Roe Vs Wade verdict provoked enormous discussion on quite a few issues regarding abortion as a nationwide phenomenon. Debated issues center upon whether abortion should be against the law, if abortion is estimated to be prohibited, then to what degree it should be against the law; who has the right to make a decision whether or not abortion is illegitimate. It also discusses that what kind of schemes the Supreme Court should bring into play in the constitutional resolution and what should be the position of spiritual or ethical views in the vast region of political affairs. The ethical arguments discussed before might help in this regard. Doe V. Bolton case: The Roe V. Wade case later came up once again and was modified by the Doe V. Bolton case. Georgia law forbids an abortion, except when performed by a suitably licensed Georgia doctor when essential. The medical decision in favor of abortion could be taken when a sustained pregnancy would cause danger to a pregnant woman’s living or may injure her physical condition, the fetus is expected be born with a severe imperfection or when a pregnancy that is resulted from a rape. However, in this particular case, the plaintiff Doe was a needy married citizen of Georgia, who was denied an abortion following eight weeks of pregnancy for her failure to meet the above mentioned conditions. She sought for a relief from this pregnancy, challenging that the Georgia edicts were unlawful. In this case, “The appellants attack these provisions not only on the ground that they unduly restrict the woman’s right of privacy, but also on procedural due process and equal protection grounds.” (Tone, 1997, p.198). The other appellants, who were physicians, argued that by such kind of intervention of the state, the right of the physician to practice his own profession is being curbed. The District Court announced in its verdict that the previous laws of the state were unconstitutional, but however, they did not sanction any injunction against the already existing laws of the state. However, this case was repealed in the Supreme Court. Stenberg V. Carthart case: A Nebraska law barred any kind of partial birth abortion unless that process was obligatory to secure the mother's survival. It defined that the partial birth abortion as a method in which the medical authority partly brings out vaginally, an alive and unborn baby, and prior to the killing of the child. The law afterwards described it to mean that it is actually intentionally murdering a child thus, it is a crime, and it leads to the natural dismissal of the performing doctor’s medical license as well as bar him from further medical practice. To violate the decree of the court’s law is a crime. Leroy Carthart is a physician of Nebraska. He performs abortions in an absolute clinical ambience. He brought the suit, seeking for a claim that this statute is infringing the Constitution of the United States of America. He claims that the law was unconstitutional and vague. He also told that it is placed as an unjust burden on him and female patients who are seeking termination of their pregnancies. The District Court affirmed that the statute was unconstitutional. The Court of Appeals affirmed the claim. The curtly separated Court struck down this statute as- it had actually been placed as an undue difficulty on a woman's basic and important right to have an abortion and did not permit for the exception in cases of deplorable condition of the woman’s health. (United States Congress House of Representatives, n.d., p.16). Planned Parenthood V. Casey: The case of Casey involved a law of Pennsylvania says that it required the women await at least 24 hours for a termination, after a doctor provide them with particular data about the type of the process. It would also explain the state of expansion of the fetus, as well as the potentials of using substitutes to abortion. The decree also required that minors should justly have the permission of at least one parent, who was also subjected to the informed consensual needs. It was mandatory for married women to inform their spouses that they have planned to get the abortion performed, and if they failed doing so, they were subjected for one year to imprisonment. (Lively & weaver, 2006, p.222) R v. Salford Health Authority ex parte Janaway: R V. Salford Health Associate Authority ex p Janaway, is about a doctor’s secretary got sacked due to her refusal of typing of a letter that refers to a patient to a hospital for an abortion. She sued the authority seeking for a legal review, supporting herself on the basis that as a Roman Catholic she did not want to aid the carrying out of an act of abortion (Geary, 2002, p.53). The religious issue should not be attached with the issue of abortion, because religion does not contribute directly in the physical sustenance of the child and her family. The legal cases show the importance of the woman’s right to abortion elaborately. Sara should be undoubtedly given with the right to make her choice about her pregnancy. The woman carries the child inside her for months; she is the one who nourishes the child in her womb. Therefore, Sara should be entitled to the power to make her choice about her fifth child, which is practically impossible, her to sustain. She can never be named a cruel lady as she already knows the essence of motherhood and has four children more. If she goes to a court and seeks justice then it is the just decision for her and the supporters of this abortion should take the initiative and hope for the verdict to come in her favor. Conclusion: A moment of light pleasure may result in dire consequences, especially the woman has the greater responsibility as she is the couple should be alert always before getting into any sexual attachment and should be well aware about the consequences that may emerge as an after effect. In any kind of case, the outcome is that the ethics regarding the subject of abortion is not a simple issue. It is less easy than many populaces with views on it will admit, not only for a certain community, but it seems, to all who support abortion. One of the most thrilling features of this area, rationally, is that it has incredible tendency to defy the intuitions of everybody. Neither the pro-life activists nor the pro-choice activists can produce a rationally reliable place on abortion without discarding other viewpoints, which are powerfully and extensively held. Possibly less complacency from both sides is in their standpoints in this way. Therefore, if a conception is not intended then the proper methods of contraception must be followed by either of them, because one who has to bear the major part of it. The situation of abortion may also arise from the issue of an eventual contraceptive failure in some cases. The problem of a ruptured condom, a missing of regular oral pill dose, or failure from abstaining etc. can also emerges as the issues of some abortions. Therefore it is very much evident that in such cases a pregnancy is not expected or planned or mostly not affordable, in mental ground or sometimes in social terms too. An abortion becomes a must step in this situation. Moreover, the most of important thing is that, it involves a life. Therefore, there is no way to take it in light terms. As the old proverb goes about the diseases that, prevention is better than cure, in the same way a properly planned contraception method is far better than an abortion. If an unplanned pregnancy is bad for the mental health of a woman, then an abortion is worse, as it involves the killing of one’s own child. This psychological pressure leaves a permanent scar mark on the woman’s mind that she has to bear in the rest of her life. In the rape cases, if a forced pregnancy arises then the woman should be given the liberty to get rid of this unwanted and violently imposed pregnancy. The same should be followed if a woman is forced by her husband also, because she is the one who has physically and mentally bear the major part of the responsibility to carry a child inside her. However, an accidental event may arise at any point of time, so the option of abortion should be there to solve this type of adverse situation. References: 1. Boyle, M. (1997). Re- thinking abortion: psychology, gender, power and the law. London, UK: Routledge. 2. Cox, C., Grady, K. & K. Hinshaw. (2002). Managing Gynecological Emergencies. Oxford, UK: Informa Health Care. 3. Drife, J. O, Drife, J. & B. Magowan. (2004). Clinical obstetrics and gynecology. US: Elsevier Health Sciences. 4. Garwood-Gowers, A., Tingle, J. and T. Lewis. (2001). Healthcare: the impact of the Human Rights Act 1998, London: Routledge. 5. Geary, R. (2002). Understanding Criminal Law. London, UK: Routledge Cavendish. 6. Heath, L. (2005). Encyclopedia of public relations, Volume 1. London, UK: SAGE. 7. Lively, R., E. & R. Weaver. (2006). Contemporary Supreme Court cases: landmark decisions since Roe V. Wade. Connecticut, USA: Greenwood Publishing Group. 8. Milson, I. (2006). Contraception and Family Planning. US: Elsevier Health Sciences. 9. Preston, N. (2007). Understanding Ethics. Annandale, Australia: Federation Press. 10. Smyth, L. (2005). Abortion and nation: the politics of reproduction in contemporary Ireland. Furnham, Surrey, UK: Ashgate Publishing, Ltd. 11. Tone, A. (1997). Controlling reproduction: an American history. Maryland, USA: Rowman & Littlefield. 12. United States Congress House of Representatives (n.d). House Reports. Government Printing House. 13. US Supreme Court. (2008). Roe V. Wade. Charleston, USA: BiblioBazaar, LLC. Read More