Abortion and Disability

Question 1

What is the Human Being argument when considering the status of the fetus

Answer 1

It is always wrong to kill an innocent human being deliberately
All human fetuses are innocent human beings
Therefore it is always wrong to kill a human fetus deliberately
Abortion is the deliberate killing of a human fetus => therefore abortion is always wrong

Question 2

What is the problem with the Human being argument

Answer 2

What characteristic of human life makes it more valuable than other forms of life

Could this be speciesist, giving zygotes special value just because it is human
Does a zygote count as a human being
Is killing a zygote morally equivalent to killing a 5 year old?

Question 3

What is the Person argument

Answer 3

Persons are individuals with SELF AWARENESS and AUTONOMY
Only people have a right to life
A fetus is not a person => therefore doesn’t have a right to life

Question 4

What is the problem with the Person argument

Answer 4

Neonates, young infants, adults with severe mental disability lack self awareness and autonomy
Are these groups not people => do not have a right to life?

This argument makes infanticide and killing those with severe mental disability morally ok

Question 5

What is the Gradualist approach to the status of the fetus?

Answer 5

The moral value of the fetus increases with gestational development
-a zygote does not have a right to life but a 38 week fetus does => the morning after pill/early termination are morally permissible but a late termination is not

Question 6

What are the problems with the Gradualist approach

Answer 6

How do we decide when the fetus acquires a right to life?
What morally relevant features has the fetus acquired at this time point?
Does the same cut-off time apply to a fetus with serious disability

Question 7

What is the relationship approach to the status of the fetus

Answer 7

Once a baby is born, it forms relationships with others

Human relationships are morally valuable => a baby has higher moral value once it has been born

Question 8

What are the problems with the relationship approach

Answer 8

Implies that people without loving relationships are less valuable
Is infanticide of abandoned babies morally ok?
Can’t we form relationships with babies before they are born?

Question 9

Describe the respect for autonomy argument for abortion

Answer 9

Autonomous choices should be respected
As individuals we should be able to decide what does or does not happen to our bodies
An individual can make an autonomous choice to have an abortion => as long as the choice is autonomous, an abortion is morally permissible

Question 10

Describe the limits of autonomy argument against abortion

-what does this argument assume

Answer 10

We can limit the autonomy of others if their autonomous choices harm others
Abortion harms to fetus => it is an acceptable limit to autonomy to prevent harm to the fetus

If a fetus isn’t a person, does killing a fetus constitute a legitimate harm in terms of limiting the autonomy of the person who is pregnant

Question 11

Do we have a duty to save others?

Answer 11

It is generally a good thing to save someone in need of help

We may have a duty to save others in certain circumstances
But we cannot have a duty to save everyone irrespective of the cost to ourselves

Question 12

Describe the argument of duty in relation to pregnancy

-what is a potential problem with this argument

Answer 12

A fetus may have the same right to life as an adult
But pregnancy is a significant physical burden and risk to the pregnant individual

We do not have a moral duty to put our lives at risk of endure physical burdens to save others => a pregnancy patient does not have a moral duty to continue their pregnancy

Does an individual have a duty to continue their pregnancy if it was planned?

Question 13

What is the legal status of the fetus

Answer 13

The fetus is a recognised entity in law but has no right to life
Once it is born => acquires full legal rights

Question 14

What is the legal status of the mother

-what are the implications of this

Answer 14

The fact that a person is pregnant does not affect their legal rights in any way

They can

• engage in behaviour that is harmful to the fetus
• refuse medical treatment including CSection even if it risks the life of the baby

Question 15

What are the issues with having paternal rights to a pregnancy

Answer 15

If they had rights, they would have to be exercised through the mother’s body against the mother’s wishes

We do not allow non-consensual bodily interventions in other situations, even to save lives

• organ donation
• medical research

Question 16

What is the legal status of the father

Answer 16

Once born, the father has legal responsibilities (child maintenance)

The father has no legal rights during pregnancy

• no right to request or veto abortion
• no right to be consulted or informed of an abortion

Question 17

What considerations do law makers have to make when making laws

Answer 17

Not everything that is considered immoral = illegal

Laws made must be
-universally applies
-enforceable
Whether law is the best way to deal with a problem

Must

• be fair
• consider public consensus
• consider policy implications

Question 18

Should law makers consider public opinion and policy implications when considering the law governing abortion

• arguments for yes
• arguments for no

Answer 18

Yes

• criminalising abortion in the UK => increase the prevalence of underground practices
• worldwide, there are 80000 deaths every year as a result of illegal abortions

No
-if abortion is morally wrong => public opinion and consensus in favour of abortion does not make it morally ok

Question 19

Should the law reflect morality or public opinion?

-what are the problems with this approach

Answer 19

Are there absolute moral values that we can make laws on?
-who decides what they are?

Is morality shaped by culture and public opinion?

Question 20

What are the situations and Acts that make abortion a criminal offence?

Answer 20

Offences Against the Person Act 1861
S58 - seeking to procure miscarriage by administering a noxious substance to herself/another giving it to her
S59 - supply or procurement of abortifacient

Infant Life Preservation Act 1929
-abortion is a criminal offence where the fetus is capable of being born alive
UNLESS IT FALLS WITHIN THE TERMS OF THE ABORTION ACT

Question 21

What are the legal grounds for abortion under the abortion act

Answer 21

Less than 24weeks if
-the physical/mental health risks of the woman or children in her family are greater if the pregnancy were continued

At any stage of the pregnancy if

• necessary to prevent grave and permanent injury to the mother
• OR continuing would involve greater risk to the life of the mother than termination
• OR substantial risk of serious physical or mental handicap

Question 22

Compare the risks of pregnancy against the risks of an early abortion

Answer 22

The inherent risks of pregnancy compared to the low risk of an early abortion mean that pregnancy will almost always pose a greater physical risk than an abortion

Question 23

What are the problems with terminating pregnancy on the grounds of disability

Answer 23

Is terminating pregnancy on the grounds of disability any different from terminating on the grounds of sex/hair colour

Does this imply that the lives of those with disability are less valuable
Does this reinforce prejudice against those with disability

Question 24

Could disability be a social construct

Answer 24

Disability is only a problem because society fails to adequately support those with disability

• parents of children with disability are often more worried about the social stigma than the physical limitations
• parents worry about who will look after their children when they die

Question 25

Could choosing against continuing with a pregnancy with a child known to have a severe disability be ok?

Answer 25

Having a child with severe disability can put immense physical, emotional, and financial strain on parents and other children

Individuals should be able to choose not to go ahead with such a pregnancy

Question 26

When considering abortion on the basis of disability, is it possible that mothers are not provided with all reasonable options to make an autonomous decision

Answer 26

Autonomous choices should be respected
-but this requires us to be given a reasonable range of options
If society fails to ensure justice and provide an adequate level of support for those with disability, does the person considering abortion have a reasonable range of options