Abortion Legal and Ethical Issues in Healthcare

LEGAL AND ETHICAL ISSUES IN HEALTHCARE

Legal and Ethical Issues in Healthcare – HC430

1. What are some of the ethical issues from the opponent and proponent sides of the abortion rights debate?

From the onset, it would be prudent to note that abortion happens to be one of the most heavily debated topics in the realms of human rights. Those on either side of the abortion rights debate have presented various ethical issues in an attempt to advance their agenda. Proponents of abortion identify the need to secure the health and wellbeing of women by eliminating the need/motivation to procure illegal abortions. This is more so the case the case given the implications of illegal abortions. In essence, this is more of a utilitarian perspective – which is focused on the embrace of the course of action capable of maximizing happiness/utility. According to Ginsberg and Shulman (2021), some of the illegal abortion methods that were used in the past, particularity prior to the Roe v Wade decision, posed great danger to the health and wellbeing of the mother. In the words of the authors, “chemical burns and perforations of the vagina, bladder, uterus and rectum were frequently detected” (Ginsberg and Shulman, 2021, n.p.). Thus, legalizing abortion would come in handy in efforts to minimize medical costs associated with illegal abortion complications and the associated pain and suffering experienced by those who procure illegal abortions, as well as their families. People of color are likely to be the most impacted on this front owing to the fact that as Artiga (2022) indicates, they tend to be the ones most impacted by the various underlying structural inequalities that, for instance, get in the way of their access to financial resources. They may, thus, be more likely to seek illegal abortions rather than explore safe abortions, i.e. out of state.

Secondly, there are proponents of abortion who embrace a consequentialist perspective. This is more so the case with regard to scenarios that involve a pregnancy resulting from rape (Stefan, 2014). According to the author, we ought to consider the consequences of having a traumatized woman give birth to a child following violent rape by a dangerous offender. Such a woman might want to escape or lessen the said trauma by procuring an abortion.

However, some on the opposing side deem a fetus as potential human life (Stefan, 2014). For instance, according to the author, various geneticists have in the past argued that conception (other than birth) happens to be the actual beginning of life. For this reason, it could be argued that abortion is tantamount to taking away human life. This is also the position that has been embraced by most of the religious fraternity. Secondly, there are those in the opposing side that make an observation to the effect that it would be inherently unethical for an individual to procure an abortion where other ideal and humane options exist. A more humane and responsible option, they argue, would be adoption (Kaczor, 2010). An ‘unwanted child’ could end up being a gift to an infertile couple. There are plenty of adoption agencies across the United States today that have flexible adoption plans that could, amongst other things, cater for all the medical costs of the pregnant mother.

2. Does the fetus or unborn baby have rights? Are their rights more or less important than the rights of the mother?

There are some who are convinced that an unborn baby has rights, such as right to life. This, according to Kaczor (2010), happens to be the default position of those who define fetus as a person – i.e. owing to the presence of various biological characteristics. However, some as the author further indicates are convinced that a fetus lacks certain cognitive capabilities to be correctly defined as a person. The main problem with this latter point of view is that it indicates that adults who – for instance - suffer brain damage and lose some cognitive capabilities cannot be defined as persons. Thus, if we were to embrace the position that life begins at conception, the fetus does indeed have certain rights such as right to life.