Between Professional Duty and Ethical Confusion: midwives and selective termination of pregnancy

2002 ◽  
Vol 9 (2) ◽  
pp. 179-191 ◽  
Author(s):  
Eva Cignacco
Keyword(s):  
Ethical Decision ◽  
Qualitative Content Analysis ◽  
Emotional Experience ◽  
Termination Of Pregnancy ◽  
Self Determination ◽  
Right To Life ◽  
Professional Duty ◽  
The Right ◽  
High Level ◽  
Identity Problems

This qualitative study describes midwives’ experiences in relation to termination of pregnancy for fetal abnormalities, and their corresponding professional and ethical position. Thirteen midwives working in a university clinic were interviewed about their problems in this respect. The information gathered was evaluated by using qualitative content analysis. The study focused on the emotional experience of the midwives, their professional position, and ethical conflict. In this situation, midwives are faced with a conflict between the woman’s right to self-determination on one hand and the right to life of the child on the other. This conflict causes a high level of emotional stress and, subsequently, professional identity problems. Although questions concerning the child’s right to life are generally suppressed, the ethical principle of the woman’s right to self-determination is rationalized. Although this process of rationalization seems to present a false ethical decision, it enables midwives to continue with their daily professional duties. As far as orientating midwives to the value of these women’s right to self-determination is concerned, it must be assumed that they have made an ethical decision to which they have given insufficient thought. This problem is exacerbated by the fact that midwives are largely excluded from the decision-making process of the parents in question. They cannot therefore help in this process in a valuable and responsible way by providing clear information and proposing objective criteria. In relation to the tasks they are expected to fulfil, these midwives revealed that they were in a state of professional confusion.

scholarly journals The Rationality of Ethics: Teleological Theory reconciled in the context of Abortion

2021 ◽  
Author(s):  
Xolisa Jibiliza
Keyword(s):  
Ethical Decision ◽  
Unwanted Pregnancy ◽  
Moral Action ◽  
Ethical Values ◽  
Right To Life ◽  
Life And Death ◽  
The Right ◽  
Unborn Baby ◽  
Adequate Condition ◽  
Transitional Action

This paper sought to argue about the notion of abortion, and its immorality within a society. Viewed teleologically, human behaviour such as committing abortion, may be designated as being moral or immoral according to the goals clearly established by a person and reasons given. Teleologic theory thus proposes that the ethical decision for carrying out an abortion focusses on the outcome of the abortion and its outcome on society. Realizing a goal and what one is doing is required and is an adequate condition to consider moral action without bearing in mind any transitional action taken to arrive at a particular objective. The article also seeks to reveal the importance of the biblical view of life as gift emanating from a Creator God. The author places emphasis on the ethical values deemed to be appropriate for Christians based on Holy Scripture relating to life and death issues. The themes for this paper were addressed by the researcher as follows: The immorality on abortion, some reasons given for abortion, the right to abortion, the unborn baby has a right to life, the unwanted pregnancy, Church views on abortion, society’s view on abortion and what is considered to be right or wrong, ethical and unethical in having an abortion.

Protection of Indigenous Peoples on the African Continent: Concepts, Position Seeking, and the Interaction of Legal Systems

2010 ◽  
Vol 104 (1) ◽  
pp. 29-65 ◽  
Author(s):  
Willem van Genugten
Keyword(s):  
Indigenous Peoples ◽  
Self Determination ◽  
General Assembly ◽  
Access To Justice ◽  
Right To Life ◽  
United Nations General ◽  
Starting Point ◽  
United Nations General Assembly ◽  
The Right ◽  
Ownership Of Land

African indigenous peoples confront gross human rights violations, both on the macrolevel of the peoples as a whole, and on the microlevel of the individuals belonging to them. These violations relate to such issues as the right to self-determination; the ownership of land and natural resources, as part of their right to life; the existence of distinct political and economic institutions; discrimination; and lack of access to justice. Taking these and other violations as a starting point, this article focuses on whether the Declaration on the Rights of Indigenous Peoples (the Declaration),1 as adopted in 2007 by the United Nations General Assembly, might be instrumental in helping to solve these problems.

The Fate of Human Rights in the Third World

1975 ◽  
Vol 27 (2) ◽  
pp. 201-226 ◽  
Author(s):  
Rupert Emerson
Keyword(s):  
Human Rights ◽  
Third World ◽  
Authoritarian Regimes ◽  
Self Determination ◽  
Right To Life ◽  
Popular Participation ◽  
The Third ◽  
The Right ◽  
The Third World ◽  
The Military

The new Asian and African states have laid much stress on human rights, but have often not lived up to them. The basic right of self-determination has been limited to colonies only. Democratic institutions have generally given way to authoritarian regimes, often run by the military, with popular participation denied rather than encouraged. The right to life, liberty, and security of person has been grossly violated in the cases of millions of refugees, temporary and permanent, in Africa and the Asian subcontinent. Many hundreds of thousands have been killed in domestic conflicts, as in Indonesia, Nigeria, and Burundi. One of the results is the emergence of a double standard: an all-out African and Asian attack upon the denial of human rights involved in colonialism and racial discrimination, but a refusal to face up to massive violations of human rights in the Third World itself.

A.I. Solzhenitsyn's Publicism of 1960–1970-ies in the Context of the Debates on the Nation and Ethnic Issues

2019 ◽  
Vol 66 ◽  
pp. 276-288
Author(s):  
Alexey B. Panchenko
Keyword(s):  
National Policy ◽  
Political Community ◽  
Self Determination ◽  
Literary Language ◽  
Soviet People ◽  
Key Points ◽  
The Common ◽  
The Right ◽  
High Level

Article is devoted to the analysis of A.I. Solzhenitsyn’s views on the phenomenon of nation and ethnic issue, which were reflected in his publications in 1960–1970-ies. At that time Soviet theories of nation and ethnos were taking shape and on their basis the national policy of creating of the new historical community – the Soviet people, – was pursued. Those questions were actively discussed by dissidents and emigrants. That’s why Solzhenitsyn's publications are considered in this article in the context of those discussions and on the basis of the performed analysis the following points can be singled out. Solzhenitsyn linked the existence of nation with the development of the living literary language, but language was not one of the markers of nation. Each nation is the personality of high level, which is manifested in individuals, each of whom embodies the whole nation. And preservation of national variety is the condition of further mankind development. It follows that the task of preserving the Russian nation against its transformation into the Soviet people is very important. Therefore differentiation of «Russian» and «Soviet» becomes one of the key points in Solzhenitsyn's publicism. The common issue in Solzhenitsyn's works and the concurrently held debates was their failure to see the nation as political community of citizens. In general Solzhenitsyn's views can be described as consistent Russian nationalistic while he recognized the right of all nations on self-determination.

Frontiers of International Law, Part One: The Chechen People, Continued

1997 ◽  
Vol 10 (1) ◽  
pp. 16-20
Author(s):  
René Lefeber ◽  
David Raič
Keyword(s):  
Human Rights ◽  
International Law ◽  
Self Determination ◽  
Military Force ◽  
Right To Life ◽  
Customary International Law ◽  
Parent State ◽  
The People ◽  
The Law ◽  
The Right

We agree with André de Hoogh that the Chechens did not possess a right to external self-determination prior to the massive indiscriminate use oi military force by Russia in December 1994. At no point have we argued or suggested otherwise. Hence, up to December 1994, the Chechen claim did indeed not meet the conditions set by paragraph seven of the Friendly Relations Declaration. However, the Friendly Relations Declaration needs to be interpreted in view of usus and opinio iuris. In other words, one has to analyse how this paragraph has developed in customary international law. According to our analysis of the law of self-determination, the emergence of a right to external self-determination depends on two cumulative conditions, viz. 1) the serious and persistent violation of the right to internal self-determination and 2) the exhaustion of all total and international peaceful remedies by the people concerned to effectuate its right to internal self-determination. These conditions must be deemed fulfilled if the parent state seriously and massively violates the fundamental human rights and freedoms – in particular by an arbitrary violation of the right to life – of the persons belonging to the people concerned.

scholarly journals Constitutional Legislative Proposal for Life Protection

2020 ◽  
Vol 24 (1) ◽  
pp. 1-8
Author(s):  
Juhee Eom
Keyword(s):  
Pregnant Women ◽  
Careful Consideration ◽  
Self Determination ◽  
Constitutional Court ◽  
Fetal Life ◽  
Right To Life ◽  
Parliamentary Debates ◽  
Women's Lives ◽  
Legislative Proposal ◽  
The Right

In April 2019, the Constitutional Court's decision on abortions left challenges in our society about addressing the value of life and the rights and safety of pregnant women. This paper examines the implication of and problems with the decision of the Constitutional Court - affecting the meaning and understanding of a fetus’s right to life versus a pregnant woman’s right to self-determination, the determinable period, and the independent viability of the fetus. As for the legislative guidelines, the text of the related bill included the following consideration: the fetus’ right to life and the biological father’s responsibilities; institutional guarantees to support pregnancy, childbirth, and nursing by pregnant women as a social security approach; exclusion of socioeconomic reasons and careful consideration; and the provisions of Fetal Life Protection Counseling, guaranteeing the right of veto participating the operation of abortions and government's supervision of abortions. In this paper, the Bill entitled “Act for Expanding Pregnancy Support and Preventing and Overcoming Pregnancy Conflict” may be used as a reference for future parliamentary debates, and may be a stepping stone for legislation that can save fetus’ lives, women's lives, and the future.

scholarly journals La Legge 194 di fronte alle decisioni della Corte Costituzionale

2008 ◽  
Vol 57 (6) ◽  
Author(s):  
Carlo Casini ◽  
Marina Casini
Keyword(s):  
Supreme Court ◽  
The Self ◽  
Self Determination ◽  
Right To Life ◽  
Crucial Point ◽  
New Born ◽  
The Supreme Court ◽  
The Law ◽  
The Right

Il contributo prende in esame le numerose decisioni della Corte Costituzionale riguardanti la legge 194 del 1978 che ha introdotto la disciplina dell’aborto in Italia. La principale impugnazione riguarda il principio di autodeterminazione della donna, ma vengono in questione anche la mancata previsione dell’obiezione di coscienza del giudice tutelare; il ruolo subordinato ed eventuale del padre del concepito nelle procedure che portano all’autorizzazione dell’aborto; la pretesa lesione dei diritti dei genitori rispetto alla minorenne che intende abortire; il diverso trattamento delle minorenni rispetto alle maggiorenni; la mancanza di difesa del concepito dinanzi al giudice tutelare. Gli Autori esaminano anche le decisioni che riguardano l’ammissibilità dei referenda proposti contro la Legge 194, perché consentono di cogliere elementi dai quali traspare il pensiero della Corte in ordine alla L. 194/1978 sia sotto il profilo dell’interpretazione, sia sotto quello della costituzionalità. Nonostante ripetute richieste di intervento, la Corte ha sempre evitato di pronunciarsi sul punto più critico della legge, ovvero la disciplina dell’aborto infratrimestrale dominata dal “principio di autodeterminazione”. Nello stesso tempo la Consulta non ha mai negato l’umanità del concepito e in un caso ne ha affermato chiaramente il diritto alla vita. ---------- The contribution deals with the large number of Constitutional Court’s decisions concerning the law 194/1978 that has introduced the regulation of abortion in Italy. The main impugnation deals with the principle of woman’s self-determination, but also non-prevision of the tutelary judge’s objection of conscience is argued; the subordinate and possible role of the father of new born in the procedures that lead to the authorization of the abortion; the supposed damage of the parents’ rights compared with minor who intends to abort; the different treatment of minors in comparison with adults; the lack of defence of new born compared with the tutelary judge. The Authors also examine the decisions that concern the admissibility of referenda proposed against the Law 194, because they allow to understand elements from which the Court’s thought for what concern the Law 194/1978 under the interpretative and constitutionality profile is showed. Although the several intervention calls, the Supreme Court has always avoided to pronounce a decision on the crucial point of the law, i.e. the regulation on the midtrimestrial dominated by the “self-determination principle”. At the same time the Council has never denied the humanity of the new born and in one case it has clearly affirmed the right to life.

3 Art. 2 GG: Protection of the Right of Personality

2019 ◽  
Author(s):  
Bumke Christian ◽  
Voßkuhle Andreas
Keyword(s):  
Fundamental Rights ◽  
Preventive Detention ◽  
Self Determination ◽  
Constitutional Court ◽  
Right To Life ◽  
Federal Constitutional ◽  
Free Development ◽  
The Right ◽  
Scope Of Protection ◽  
Freedom Of Action

This chapter discusses the provisions of Art. 2 of the Grundgesetz (GG) with respect to the right to free development of personality. It first explains the scope of protection for the two fundamental-rights guarantees that comprise the right to free development of personality: general freedom of action and general right of personality. It then considers the question of interference with both rights and the constitutional justification of such interferences and cites decisions made by the Federal Constitutional Court in various cases, including those concerning the right to informational self-determination and the constitutionality of regulations on preventive detention. It also examines the conflicts between fundamental rights with respect to Art. 2 para. 1 GG before concluding with an analysis of the scope of protection for the right to life and physical integrity and the doctrine of the state's duty to protect.

Suicidal Ideation and Self-Determination in Institutionalized Elderly

Crisis ◽  
2001 ◽  
Vol 22 (1) ◽  
pp. 15-19 ◽  
Author(s):  
Andrée Fortin ◽  
Sylvie Lapierre ◽  
Jacques Baillargeon ◽  
Réal Labelle ◽  
Micheline Dubé ◽  
...  
Keyword(s):  
Self Determination ◽  
Current Debate ◽  
Elderly Persons ◽  
Rational Suicide ◽  
Institutionalized Elderly ◽  
Significant Difference ◽  
Social Subscale ◽  
Civil Status ◽  
The Right ◽  
Taking Action

The right to self-determination is central to the current debate on rational suicide in old age. The goal of this exploratory study was to assess the presence of self-determination in suicidal institutionalized elderly persons. Eleven elderly persons with serious suicidal ideations were matched according to age, sex, and civil status with 11 nonsuicidal persons. The results indicated that suicidal persons did not differ from nonsuicidal persons in level of self-determination. There was, however, a significant difference between groups on the social subscale. Suicidal elderly persons did not seem to take others into account when making a decision or taking action. The results are discussed from a suicide-prevention perspective.

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