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Right to life
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My notes from extra reading and my notes made in my seminar all about the right to life
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Right to lifeTo what extent does UK law provide fertility treatment? – Assessment question,
we will cover this in topics 4 and 5. 17th November.
Extra notes:
R v Bourne – teenage girl was raped. Campaigners convinced doctor to carry out
abortion and he was arrested but then acquitted because he was able to argue
that she might have committed suicide so he was protecting her life which was
lawful and he managed to extend the law by arguing that he was protecting her
physical and mental health. She would have been a physical and mental wreck if
she had to go through with the pregnancy. For the first time the court recognised
the idea of protecting a women’s mental and physical health regarding abortion.
The judge would recognise him as an adamant surgeon who would not carry out
abortions for no good reason. However, after this case it was still had to get an
abortion unless you told them you would commit suicide. Despite this case,
doctors were unsure if they could carry out abortions due to prosecution.
Paton v UK – following the act, abortion was allowed at this stage and the rights
of the woman surpassed the fathers’ rights.
C v S – father sought a ruling in an injunction as the mother was aborting her
18-week-old foetus. The judge stated that a foetus at 18 week’s old could not
survive without its mother even with the advanced technology that hospitals
have.
R.Sifris, 'Restrictive Regulation of abortion and the right to health', Medical Law
Review (2010) 18:2, pp. 185-212 – about abortions in international countries
not being allowed. However, she argued that it violates their right to choose. He
says it’s a discrimination about women. Back street abortions are unsafe.
Countries like Poland, abortion laws seek women to have unsafe abortions;
leading to long term health complications. Unwanted pregnancy would result in
bad circumstances for the child when its born. Should ultimately be the women’s
choice and they should have more access. Many jurisdictions that provide
exceptions, countries of which are stated near footnote 74. Restrictions drive
abortions underground, near reference 64. Stigma still attached. International
law is male centric. Post abortion surgery is discussed at footnote 83, 84 and 85,
steps should therefore be taken drop the stigma. When abortion was provided in
the USA, the deaths fell by 85%, reference 71. Near footnote 35, something that
is trying to be argued is that there is a male bias in human rights law.
International law was predominately formed by men but it does not include men.
It has become the norm. many areas have remained male centric. They don’t
address areas which are for males only.
, Tanya Goldman, Vo v France and Fetal Rights: the decision not to decide,
Harvard Human Rights Journal (2005), Vol. 18 – unintentional homicide
complaint. Margin of appreciation.
Barbara Hewson, A recent case could pave the way to liberalising UK abortion
law, New Law Journal, Vol. 152, No. 7038 (Friday June 28 2002) courts now
recognising autonomy. Moving towards women’s choice. SUPC believe that life
begins at conception against the OAPA 1861 but the judge dismissing the
argument. Munby J (judge) states that the woman should choose whether to
take the pills.
The present law – Offences against the person act 1861 – at a time where
women would get pregnant over and over again and there was no healthcare.
Backstreet abortions were performed by other women with no medical
background as they were not allowed to attend medical school back then.
R v Bourne 1938 – still applies in Northern Ireland which is problematic as it is
so old.
Abortion law reform association 1930s-1940s led to abortion act 1967. The
abortion act 1967 had support from doctor’s organisation. MP’s could see that
the act itself was medicalising the act, they were not changing the original
completely.
Section 37 of the Human Fertilisation and Embryology Act 1990 – 28-week limit
was changed due to pro-life campaigners who were trying to stop abortion
altogether.
Changed abortion act 1967 changed as the time limit is now 24 weeks.
Abortion pill is available when its less than 9 weeks. Morning after pill only
available up to 72 hours later. Pro-life judicial review for morning after pill in
pharmacies.
Selected reduction: embryos are implanted in you but you may want the
embryo’s reduced.
Conscientious objection – S.4(1) abortion act 1967 – doctors. Can refuse to
participate unless there is a risk to her life/health. Under an obligation to advise
them to go to another doctor.
Northern Ireland having to order pills online is just as dangerous as back street
abortions.
Royal college of nursing of UK v DHSS 1981 – nurse helping to carry out
abortion was not committing an offence. Ultimately doctor is responsible, the
nurse just follows the doctor’s instructions.
Hopefully in the future you won’t have to have the agreement of two doctors in
order to receive treatment for abortion.
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