- Fetal rights
The term fetal rights can refer either to "legal" rights accorded to
fetuses or to "ethical" rights of fetuses.
Fetal protection in law
Some laws seek to protect or otherwise recognize the fetus. Some of these grant recognition under specific conditions: the fetus can legally be a victim of a
crimesuch as feticide, a beneficiaryof insuranceor social assistance, or an inheritor of property.
Unborn Victims of Violence Act" is a United States lawwhich defines violent assaultcommitted against pregnant women as being a crimeagainst two persons: the woman and the fetus she carries. Congress of the United States of America. (March 25, 2004). " [http://news.findlaw.com/hdocs/docs/abortion/unbornbill32504.html Unborn Victims of Violence Act of 2004] ." H.R.1997. Retrieved July 31, 2006.] This law was passed in 2004 after the murderof Laci Petersonand the male fetus she was carrying.
*In 2002, U.S. President
George W. Bushannounced a plan to ensure health carecoverage for fetuses under the State Children's Health Insurance Program(SCHIP). " [http://www.onpointradio.org/shows/2002/02/20020207_a_main.asp The Bush Administration's Plan for Fetal Care] ." (February 07, 2002). "On Point." Retrieved July 31, 2006. ]
*Also in 2002, the
Born-Alive Infants Protection Actwas passed.
Iranian law holds that anyone who brings about a miscarriage must pay a monetary fine, which varies depending upon the stage of development and/or sex of the fetus, in compensation. [ [http://annualreview.law.harvard.edu/population/abortion/Iran.abo.html Abortion Laws of the World] . "Annual Review of Population Law." Retrieved July 14, 2006.]
Right-to-life and legal personhood
Legislative measures sometimes seek to establish the
right to lifeof the fetus from the moment of fertilization. Such laws regard the fetus as a personwhose legal status is on par with that of any other member of the specieshomo sapiens:
1978 American Convention on Human Rightsstates, in Article 4.1, "Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception." The Convention is considered binding only for the 24 of 35 member nations of the Organization of American Stateswho ratified it.
*In 1983, the
Eighth Amendment of the Constitution of Ireland, also known as the "Pro-Life Amendment," was added to the Constitution of The Republic of Irelandby popular referendum. It recognizes "the right to life of the unborn".
* In 1993, the
Federal Constitutional Courtof Germanyheld that the constitution guaranteed the right to life from conception, but that it is within the discretion of parliament not to punish abortion in the first trimester, providing that women agreed to undergo special counselling designed to discourage termination and "protect unborn life". The intermediate decision was the result of an attempt to join East Germany's abortion law to that of West Germanyafter reunification in 1990.
Other governments have laws in place that state that fetuses are not legally recognized persons:
*In Canadian law, under section 223 of the
Criminal Code of Canada, a fetus is a "human being ... when it has completely proceeded, in a living state, from the body of its mother whether or not it has completely breathed, it has an independent circulation or the navel string is severed."
Much opposition to legal abortion in the West is based on a concern for fetal rights. Similarly many
pro-choicegroups oppose fetal rights, even when they do not impinge directly on the abortionissue, because they perceive this as a slippery slopestrategy to restricting abortions. [Farmer, Rebecca. National Organization for Women. (2001). [http://www.now.org/nnt/fall-2001/fetalrights.html "Fetal Rights" Initiatives Concern Abortion Rights Supporters] . Retrieved July 31, 2006.]
Various initiatives, prompted by concern for the ill effects which might be posed to the health or development of a fetus, seek to restrict or discourage women from engaging in certain behaviors while pregnant. Also, in some countries, laws have been passed to restrict the practice of abortion based upon the gender of the fetus.
*Many jurisdictions actively warn against the consumption of
alcoholic beverages by pregnant women, recommending a maximum intake or total abstinence, due to its association with Fetal alcohol syndrome. Countries that encourage those who are pregnant to avoid alcoholeither entirely or partially include Australia, Canada, France, Iceland, Israel, the Netherlands, Norway, New Zealand, the United Kingdom, and the United States.
* Many national and international agencies recommend dietary guidelines for pregnant women due to the health risks posed by the consumption of
fishcontaminated with methylmercurythrough industrial pollution. Studies have linked exposure to various levels of methylmercury in utero to neurological disorders in children.
*The use of
tobaccoproducts or exposure to secondhand smokeduring pregnancy has been linked to low birth weight. [Rosenburg, J. (2004). [http://www.guttmacher.org/pubs/journals/3010104.html#1 Low Birth Weight Is Linked to Timing of Prenatal Care and Other Maternal Factors] . "International Family Planning Perspectives, 30 (2)". Retrieved July 31, 2006. ] Governor Mike Huckabeeof Arkansas, citing studies which attribute 10% of infant deaths to tobacco-smoking mothers, considered adopting a smoking banfor pregnant women in 2006 with the aim of reducing infant mortality. " [http://www.thehometownchannel.com/news/9372396/detail.htmlSome Legislators Want To Ban Pregnant Women From Smoking] ." (June 14, 2006). "The Hometown Channel." Retrieved July 31, 2006. ]
*No U.S. state has enacted a law which criminalizes specific behavior during pregnancy, but, nonetheless, it has been estimated that at least 200 American women have been criminally prosecuted or arrested under existing
child abusestatutes for allegedly bringing about harm in-utero through their conduct during pregnancy. Center for Reproductive Rights. (September 2000). [http://www.crlp.org/pdf/pub_bp_punishingwomen.pdf Punishing Women for Their Behavior During Pregnancy: An Approach That Undermines Women’s Health and Children’s Interests] . Retrieved July 31, 2006. ] Reasons for pressing charges included use of illicit drugs, consumption of alcohol, and failure to comply with a doctor's order of bedrestor caesarean section. Drug addicts have been accused of "supplying drugs to a minor" through unintentional chemical subjection via the umbilical cord. Others have been charged with assault with a deadly weaponwith the "deadly weapon" in question being an illegal drug. Minnesota, Wisconsinand South Dakotaallow women who continue to use substances while pregnant to be civilly committed. Some states require that medical providers report any infantwho is born with a physical dependency, or who tests positive for residual traces of alcohol or drugs, to child welfareauthorities.
*Cultural preferences for male children in some parts of
Asia, such as Mainland China, India, South Korea, and Taiwan, have sometimes lead to the deliberate termination of female fetuses through sex-selective abortion. This phenomenon might be partially responsible for the disparity between male-to-female birth rates which is observed in some places. India banned the practice of abortion for reasons of fetal sex in 1994 [Jyotsna Singh, [http://news.bbc.co.uk/2/low/south_asia/6911702.stm India probes baby body parts find] , BBS News, July 23 2007. Retrieved August 15 2008.]
*Jennifer Johnson of
Seminole County, Floridawas convicted under a drug traffickinglaw in 1989. It was alleged that, in consuming cocaineduring her pregnancy, she had delivered a controlled substanceto a minor via the umbilical cord. She was sentenced to one-year in a drug treatmentprogram, 14 years probation, and 200 hours of community service. Johnson appealed and Supreme Court of Floridaoverturned its decision to convict her in 1992. [American Civil Liberties Union. (September 30, 1997). [http://www.aclu.org/reproductiverights/gen/16529res19970930.html Coercive and Punitive Governmental Responses to Women's Conduct During Pregnancy] . Retrieved July 31, 2006. ]
*Cornelia Whitner of
Central, South Carolinapled guilty in 1992 to a charge of criminal child neglect after she was discovered to have used cocainewhile pregnant. Sentenced to eight years in prison, she petitioned the Court of Appeals16 months later, claiming that she had been given ineffective counsel because her lawyer had failed to inform her that the charges laid against her might not be applicable given the legal status of a fetus. However, in the 1997 case "Whitner v. South Carolina", the Supreme Court of South Carolinaupheld its prosecution of Whitner. [Costello, Robert G. (2001). [http://www.boalt.org/bjcl/v4/v4costello.htm Fetal Endangerment: A Challenge For Criminal Law] . "Boalt Journal of Criminal Law, 4." Retrieved July 31, 2006. ] [Lewin, Tamar. (October 30, 1997). " [http://www.nytimes.com/specials/women/warchive/971030_903.html Abuse Laws Cover Fetus, a High Court Rules] ." "The New York Times." Retrieved July 30, 2006. ] [ " [http://hometown.aol.com/abtrbng/whitner.htmWhitner v. State] ," 328 S.C. 1, 492 S.E.2d 777 (1997)]
* A woman from
Winnipeg, Manitobawho had an inhalant addictionin 1996. She had three previous children, and, when she became pregnant a fourth time, Winnipeg Child and Family Services sought a court orderpermitting her to be committed to a drug rehabilitationfacility for the remaining duration of her pregnancy. A judge agreed that the woman should be taken into custody. However, the decision was overturned by the Manitoba Court of Appeal. [ Robinson, B.A. Ontario Consultants for Religious Tolerance. (November 14, 1997). [http://www.religioustolerance.org/abo_feta.htm Balancing the Rights of the Woman and Her Fetus] . Retrieved July 31, 2006.]
* Brenda Drummond, 29, of
Carleton Place, Ontariotried to abort at 9 months on 28 May 1996by introducing a pellet gun in her vagina and shooting her fetus in the head. Attempted murder charges against her were dropped since the Criminal Code of Canadadefinition of "human being" doesn't include fetuses. She was later sentenced to 30 months probation for "failing to provide the necessities of life" for having failed to report the injury immediately after her son's birth. [BC Pro-Choice Action Network. "Pro-Choice Press," [ [http://www.prochoiceactionnetwork-canada.org/prochoicepress/97spring.shtml "Drummond Update",] Spring 1997. (Retrived 6 March 2008)] [Régis Bouchard. "Le Droit," "Brenda Drummond pourra refaire sa vie", 7 February 1997.]
* Melissa Ann Rowland of
Salt Lake City, Utahwas charged with murderin 2004 after her refusal to undergo a caesarean sectionresulted in one of the two in her twinpregnancy being stillborn. [" [http://news.bbc.co.uk/2/hi/americas/3504720.stm Mother charged in Caesarean row] ." (March 12, 2004). "BBC News." Retrieved July 31, 2006. ] Rowland was later sentenced to 18 months probation as a result of secondary charge of child endangerment. [Sage, Alexandria. (April 29, 2004). " [http://www.cbsnews.com/stories/2004/03/12/national/main605537.shtml Utah C-Section Mom Gets Probation] ." "CBS News." Retrieved July 31, 2006. ]
Jeb Bushsought appointment of a legal guardianto protect the fetus of a developmentally-disabled rapevictim in 2003. The woman, who could not assist police in identifying her assailant, was raped while living in a group homein Orlando, Florida. [Canedy, Dana. (May 15, 2003). " [http://query.nytimes.com/gst/fullpage.html?sec=health&res=9D07E0D61F3FF936A25756C0A9659C8B63 Gov. Jeb Bush to Seek Guardian for Fetus of Rape Victim] ." "The New York Times." Retrieved July 31, 2006.] She gave birth to a child in September 2003. [" [http://www.cbsnews.com/stories/2003/09/01/national/main570970.shtml Disabled Rape Victim Gives Birth] ." (September 1, 2003). "CBS News." Retrieved July 31, 2006.]
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