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The abortion debate is the ongoing controversy surrounding the moral, legal, and religious status of induced abortion. For many people, abortion is essentially a moral issue, concerning the commencement of human personhoodthe rights of the fetusand a woman's rights over her own body. The debate has become a political and legal issue in some countries with anti-abortion campaigners seeking to enact, maintain and expand anti-abortion lawswhile abortion rights campaigners seeking the repeal or easing of such laws while expanding access to abortion.
Abortion laws vary considerably between jurisdictions, ranging from outright prohibition of the procedure to public funding of abortion. Availability of safe abortion also varies across the world.
In ancient times, abortion, along with infanticidewas considered in the context of family planninggender selection, population control, and the property rights of the patriarch. Then, as now, these discussions often concerned the nature of man, the existence of a soul, when life begins, and the beginning of human personhood. While the practice of infanticide as a form of family planning has largely been eradicated in developed countries, birth control and abortion are still practiced; and their morality and legality continues to be debated.
While modern debates about abortion retain some of the language of these older debates, the terminology has often acquired new meanings. Discussion of the putative personhood of the fetus may be complicated by the current legal status of children. Like children or minors in the U. Ireland, although this treatment was amended by the Abortion Act of in England, Scotland and Wales. If a fetus is a person, it is a person in very special circumstances — it exists entirely within the body of another much larger person and usually cannot be the object of direct action by another person.
Proposals in the current debate range from complete prohibition, even if done to save the woman's life,  to complete legalization with public funding, as in Canada. Many of the terms used in the debate are seen as political framing: For example, the labels "pro-choice" and "pro-life" imply endorsement of widely held values such as liberty or the right to lifewhile suggesting that the opposition must be " anti -choice" or " anti -life" alternatively "pro- coercion " or "pro- death ".
However, these terms do not always reflect a political view or fall along a binary; in one Public Religion Research Institute poll, seven in ten Americans described themselves as "pro-choice" while almost two-thirds described themselves as "pro-life".
Appeals are often made in the abortion debate to the rights of the fetuspregnant woman, or other parties. Such appeals can generate confusion if the type of rights is not specified whether civilnaturalor otherwise or if it is simply assumed that the right appealed to takes precedence over all other competing rights an example of begging the question.
The appropriate terms with which to designate the human organism prior to birth are also debated. The medical terms " embryo " and " fetus " are seen by some pro-life advocates as dehumanizing  while everyday terms such as "baby" are viewed as sentimental by some pro-choice advocates. Politics refers to the processes, defined and limited through legal documents, by which decisions laws are made in governments.
In politics, rights are the protections and privileges legally granted to citizens by the government. In a democracy, certain rights are considered to be inalienableand thus not subject to grant or withdrawal by government. Regarding abortion lawthe political debate usually surrounds a right to privacyand when or how a government may regulate abortion [ citation needed ]. There is abundant debate regarding the extent of abortion regulation.
Some pro-choice advocates argue that it should be illegal for governments to regulate abortion any more than other medical practices. Even though the right to privacy is not explicitly stated in many constitutions of sovereign nations, many people see it as foundational to a functioning democracy. In general the right to privacy can be found to rest on the provisions of habeas corpuswhich first found official expression under Henry II in 11th century England, but has precedent in Anglo-Saxon law.
This provision guarantees the right to freedom from arbitrary government interference, as well as due process of law. This conception of the right to privacy is operant in all countries which have adopted English common law through Acts of Reception. The Law of the United States rests on English common law by this means. Time has stated that the issue of bodily privacy is "the core" of the abortion debate.
Traditionally, American courts have located the right to privacy in the Fourth AmendmentNinth AmendmentFourteenth Amendmentas well as the penumbra of the Bill of Rights. The landmark decision Roe v Wade relied on the 14th Amendment, which guarantees that federal rights shall be applied equally to all persons born in the United States. The 14th Amendment has given rise to the doctrine of Substantive due processwhich is said to guarantee various privacy rights, including the right to bodily integrity.
In Canada, the courts have located privacy rights in the security of persons clause of the Canadian Charter of Rights and Freedoms. Section 7 of that charter echoes language used in the Universal Declaration of Human Rightswhich also guarantees security of persons. While governments are allowed to invade the privacy of their citizens in some cases, they are expected to protect privacy in all cases lacking a compelling state interest.
In the US, the compelling state interest test has been developed in accordance with the standards of strict scrutiny. In Roe v Wadethe Court decided that the state has an "important and legitimate interest in protecting the potentiality of human life" from the point of viability on, but that prior to viability, the woman's fundamental rights are more compelling than that of the state. Wade struck down state laws banning abortion in Over 20 cases have addressed abortion law in the United Statesall of which upheld Roe v.
Since Roeabortion has been legal throughout the country, but states have placed varying regulations on it, from requiring parental involvement in a minor's abortion to restricting late-term abortions. Legal criticisms of the Roe decision address many points, among them are several suggesting that it is an overreach of judicial powers,  or that it was not properly based on the Constitution,  or that it is an example of judicial activism and that it should be overturned so that abortion law can be decided by legislatures.
Candidates competing for the Democratic nomination for the Presidential election cited Gonzales v. Carhart as judicial activism. It is the dimension present whenever the Court's interpretation of the Constitution calls the contending sides of a national controversy to end their national division by accepting a common mandate rooted in the Constitution [ W]hatever the premises of opposition may be, only the most convincing justification under accepted standards of precedent could suffice to demonstrate that a later decision overruling the first was anything but a surrender to political pressure and an unjustified repudiation of the principle on which the Court staked its authority in the first instance.
Relying on the security of person clause of the Canadian Charter of Rights and Freedomsthe court determined that, while the state has an interest in protecting the fetus "at some point", this interest cannot override that of the pregnant woman because: Because the courts did not specifically establish abortion as a right, Parliament has leave to legislate on this aspect of the matter; and inthe Progressive Conservative government attempted to do just that.
A bill was introduced that would allow abortion only if two doctors certified that the woman's health was in danger. This bill passed the House of Commons but was defeated by a tie vote in the Senate. Although the courts have not ruled on the question of fetal personhood, the question has been raised in two cases, Tremblay v. Both cases relied on the born alive ruleinherited from English common law, to determine that the fetus was not a person at law.
Two further cases are notable: Dobson Litigation Guardian of v. As of Decemberthere were 6 countries that banned abortion: Ireland only allows abortions if it is a risk to the woman's life. It is also a very expensive procedure. There are also penalties of jail time if an abortion is induced for any other reason. This means that it is also punishable by jail time.
Pro-choice advocates argue that illegalization of abortion increases the incidence of unsafe abortionsas the availability of professional abortion services decreases, and leads to increased maternal mortality.
According to a global study collaboratively conducted by the World Health Organization and the Guttmacher Institutemost unsafe abortions occur where abortion is illegal.
The effect on crime of legalized abortion is a subject of controversy, with proponents of the theory generally arguing that "unwanted children" are more likely to become criminals and that an inverse correlation is observed between the availability of abortion and subsequent crime.
Economist George Akerlof has argued that the legalization of abortion in the United States contributed to a declining sense of paternal duty among biological fathers and to a decline in shotgun weddingseven when women chose childbirth over abortion, and thus to an increase rather than a decrease in the rate of children born to unwed mothers.
If "personhood" is acquired, opinions differ about when this happens. Traditionally, the concept of personhood entailed the soula metaphysical concept referring to a non-corporeal or extra-corporeal dimension of human being which is absent in other creatures. Today, the concepts of subjectivity and intersubjectivitypersonhoodmindand self have come to encompass a number of aspects of human being previously considered the domain of the "soul".
Since the zygote is genetically identical to the embryo, the fully formed fetus, and the baby, the notion of acquired personhood could lead to an instance of the Sorites paradoxalso known as the paradox of the heap.
Related issues attached to the question of the beginning of human personhood include the legal status, bodily integrity, and subjectivity of the pregnant woman  and the philosophical concept of "natality" i.
In the US judgment Roe v Wadethe opinion of the justices included the following statement:. When those trained in the respective disciplines of medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man's knowledge, is not in a position to speculate as to the answer. Fetal pain, its existence, and its implications are part of a larger debate about abortion.
A multidisciplinary systematic review in JAMA in the area of fetal development found that a fetus is unlikely to feel pain until after the sixth month of pregnancy. The JAMA review concluded that data from dozens of medical reports and studies indicate that fetuses are unlikely to feel pain until the third trimester of pregnancy. Page 20 of the report definitively states that the fetus cannot feel pain prior to week Because pain can involve sensory, emotional and cognitive factors, leaving it "impossible to know" when painful experiences are perceived, even if it is known when thalamocortical connections are established.
Wendy Savage—press officer, Doctors for a Woman's Choice on Abortion—considers the question to be irrelevant. In a letter to the British Medical JournalAprilshe noted that the majority of surgical abortions in Britain were performed under general anesthesia which affects the fetus, and considers the discussion "to be unhelpful to women and to the scientific debate.
Anesthesia is administered directly to fetuses only while they are undergoing surgery. Although the two main sides of the abortion debate tend to agree that a human fetus is biologically and genetically human that is, of the human speciesthey often differ in their view on whether or not a human fetus is, in any of various ways, a person.
Pro-life supporters argue that abortion is morally wrong on the basis that a fetus is an innocent human person  or because a fetus is a potential life that will, in most cases, develop into a fully functional human being. Others reject this position by drawing a distinction between human being and human personarguing that while the fetus is innocent and biologically humanit is not a person with a right to life.
For example, Mary Ann Warren suggests consciousness at least the capacity to feel painreasoningself-motivation, the ability to communicateand self-awareness. Warren concludes that as the fetus satisfies only one criterion, consciousness and this only after it becomes susceptible to pain the fetus is not a person and abortion is therefore morally permissible.
Other philosophers apply similar criteria, concluding that a fetus lacks a right to life because it lacks brain waves or higher brain function,  self-consciousness,  rationality,  and autonomy. Critics of this typically argue that some of the proposed criteria for personhood would disqualify two classes of born human beings — reversibly comatose patients, and human infants — from having a right to life, since they, like fetuses, are not self-conscious, do not communicate, and so on.
Warren concedes that infants are not "persons" by her proposed criteria,  and on that basis she and others, including the moral philosopher Peter Singerconclude that infanticide could be morally acceptable under some circumstances for example if the infant is severely disabled  or in order to save the lives of several other infants. An alternative approach is to base personhood or the right to life on a being's natural or inherent capacities.
On this approach, a being essentially has a right to life if it has a natural capacity to develop the relevant psychological features; and, since human beings do have this natural capacity, they essentially have a right to life beginning at conception or whenever they come into existence. Philosophers such as Aquinas use the concept of individuation. They argue that abortion is not permissible from the point at which individual human identity is realized.
Anthony Kenny argues that this can be derived from everyday beliefs and language and one can legitimately say "if my mother had had an abortion six months into her pregnancy, she would have killed me" then one can reasonably infer that at six months the "me" in question would have been an existing person with a valid claim to life.
Since division of the zygote into twins through the process of monozygotic twinning can occur until the fourteenth day of pregnancy, Kenny argues that individual identity is obtained at this point and thus abortion is not permissible after two weeks. An argument first presented by Judith Jarvis Thomson states that even if the fetus is a person and has a right to life, abortion is morally permissible because a woman has a right to control her own body and its life-support functions.
Thomson's variant of this argument draws an analogy between forcing a woman to continue an unwanted pregnancy and forcing a person to allow his body to be used to maintain blood homeostasis as a dialysis machine is used for another person suffering from kidney failure.
It is argued that just as it would be permissible to "unplug" and thereby cause the death of the person who is using one's kidneys, so it is permissible to abort the fetus who similarly, it is said, has no right to use one's body's life-support functions against one's will. Critics of this argument generally argue that there are morally relevant disanalogies between abortion and the kidney failure scenario.
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