- Fetal rights
The term fetal rights can refer either to "legal" rights accorded to
fetus es 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
crime such asfeticide , abeneficiary ofinsurance or social assistance, or an inheritor ofproperty .*The "
Unborn Victims of Violence Act " is aUnited States law which defines violentassault committed against pregnant women as being acrime against 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 themurder ofLaci Peterson and the male fetus she was carrying.*In 2002, U.S. President
George W. Bush announced a plan to ensurehealth care coverage for fetuses under theState 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 Act was passed.*
Iran ian 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 life of the fetus from the moment offertilization . Such laws regard the fetus as aperson whose legal status is on par with that of any other member of thespecies homo sapiens:*The
1978 American Convention on Human Rights states, 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 theOrganization of American States who ratified it.*In 1983, the
Eighth Amendment of the Constitution of Ireland , also known as the "Pro-Life Amendment," was added to the Constitution ofThe Republic of Ireland by popularreferendum . It recognizes "the right to life of the unborn".* In 1993, the
Federal Constitutional Court ofGermany held 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 firsttrimester , 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 ofWest Germany after 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-choice groups oppose fetal rights, even when they do not impinge directly on theabortion issue, because they perceive this as aslippery slope strategy 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.]Behavioral intervention
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 beverage s by pregnant women, recommending a maximum intake or total abstinence, due to its association withFetal alcohol syndrome . Countries that encourage those who are pregnant to avoidalcohol either entirely or partially includeAustralia ,Canada ,France ,Iceland ,Israel ,the Netherlands ,Norway ,New Zealand , theUnited Kingdom , and theUnited States .* Many national and international agencies recommend dietary guidelines for pregnant women due to the health risks posed by the consumption of
fish contaminated withmethylmercury through industrialpollution . Studies have linked exposure to various levels of methylmercury in utero to neurological disorders in children.*The use of
tobacco products or exposure tosecondhand smoke during 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 Huckabee ofArkansas , citing studies which attribute 10% of infant deaths to tobacco-smoking mothers, considered adopting asmoking ban for pregnant women in 2006 with the aim of reducinginfant 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 abuse statutes 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 ofillicit drugs , consumption of alcohol, and failure to comply with a doctor's order ofbedrest orcaesarean section . Drug addicts have been accused of "supplying drugs to a minor" through unintentional chemical subjection via theumbilical cord . Others have been charged withassault with a deadly weapon with the "deadly weapon" in question being an illegal drug.Minnesota ,Wisconsin andSouth Dakota allow women who continue to use substances while pregnant to be civilly committed. Some states require that medical providers report anyinfant who is born with aphysical dependency , or who tests positive for residual traces of alcohol or drugs, tochild welfare authorities.*Cultural preferences for male children in some parts of
Asia , such asMainland China ,India ,South Korea , andTaiwan , 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-femalebirth rate s 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 . RetrievedAugust 15 2008 .]Example cases
*Jennifer Johnson of
Seminole County ,Florida was convicted under adrug trafficking law in 1989. It was alleged that, in consumingcocaine during her pregnancy, she had delivered acontrolled substance to a minor via theumbilical cord . She was sentenced to one-year in adrug treatment program, 14 yearsprobation , and 200 hours ofcommunity service . Johnson appealed andSupreme Court of Florida overturned 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 ofCentral, South Carolina pled guilty in 1992 to a charge of criminal child neglect after she was discovered to have usedcocaine while pregnant. Sentenced to eight years inprison , she petitioned theCourt of Appeals 16 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", theSupreme Court of South Carolina upheld 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 fromWinnipeg, Manitoba who had aninhalant addiction in 1996. She had three previous children, and, when she became pregnant a fourth time, Winnipeg Child and Family Services sought acourt order permitting her to be committed to adrug rehabilitation facility for the remaining duration of her pregnancy. A judge agreed that the woman should be taken into custody. However, the decision was overturned by theManitoba 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, ofCarleton Place, Ontario tried to abort at 9 months on28 May 1996 by introducing a pellet gun in her vagina and shooting her fetus in the head. Attempted murder charges against her were dropped since theCriminal Code of Canada definition 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 ofSalt Lake City ,Utah was charged withmurder in 2004 after her refusal to undergo acaesarean section resulted in one of the two in hertwin pregnancy beingstillborn . [" [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. ]
* Gov.Jeb Bush sought appointment of alegal guardian to protect the fetus of a developmentally-disabledrape victim in 2003. The woman, who could not assist police in identifying her assailant, was raped while living in agroup home inOrlando, 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 inSeptember 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.]ee also
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