scholarly journals Abortion - a philosophical perspective

Curationis ◽  
2001 ◽  
Vol 24 (4) ◽  
Author(s):  
MN Jali

The central issue in the abortion debate is the moral status of the conceptus. There are two positions that argue this issue. At one extreme are the views of the pro-life group which argues that human life begins at the moment of conception whilst at the other are views of the pro-choice group that argues in favour of a woman’s right to self-determination. Two basic principles come into conflict in this debate, namely the Value of Life and that of Self-determination. In this paper the arguments forwarded by each group in justification of its position are presented. Also discussed is the moderate developmental viewpoint which accepts that the genetic basis of an individual is established at conception. Some development, however, has to occur before the conceptus can be called a person. The fact that an entity is a potential person is a prima facie reason for not destroying it. On the other hand, we need not conclude that a person has a right to life by virtue of that potentiality. Simultaneously we should recognise that the right a potential entity has, may be nullified by the woman’s right to self-determination.

1998 ◽  
Vol 47 (4) ◽  
pp. 943-950 ◽  
Author(s):  
Colin Warbrick ◽  
Dominic McGoldrick ◽  
Geoff Gilbert

The Northern Ireland Peace Agreement1 was concluded following multi-party negotiations on Good Friday, 10 April 1998. It received 71 per cent approval in Northern Ireland and 95 per cent approval in the Republic of Ireland in the subsequent referenda held on Friday 22 May, the day after Ascension. To some, it must have seemed that the timing was singularly appropriate following 30 years of “The Troubles”, which were perceived as being between a “Catholic minority” and a “Protestant majority”. While there are some minority groups identified by their religious affiliation that do require rights relating only to their religion, such as the right to worship in community,2 to practise and profess their religion,3 to legal recognition as a church,4 to hold property5 and to determine its own membership,6 some minority groups identified by their religious affiliation are properly national or ethnic minorities–religion is merely one factor which distinguishes them from the other groups, including the majority, in the population. One example of the latter situation is to be seen in (Northern) Ireland where there is, in fact, untypically, a double minority: the Catholic-nationalist community is a minority in Northern Ireland, but the Protestant-unionist population is a minority in the island of Ireland as a whole.7 The territory of Northern Ireland is geographically separate from the rest of the United Kingdom. The recent peace agreement addresses a whole range of issues for Northern Ireland, but included are, on the one hand, rights for the populations based on their religious affiliation, their culture and their language and, on the other, rights with respect to their political participation up to the point of external self-determination. It is a holistic approach. Like any good minority rights agreement,8 it deals with both standards and their implementation and, like any good minority rights agreement, it is not a minority rights agreement but, rather, a peace settlement.


Author(s):  
Olha Peresada ◽  

The article considers topical issues of definition and qualification of crimes against human life in Ukraine and abroad. It is proved that the problematic issue of criminal law protection of human life is a significant differentiation of approaches to determining the moment of its onset, which reflects the medical and social criteria for the formation of an individual who has the right to life. It is shown that Ukrainian criminal law gives a person the right to life from birth, while the correct approach is to recognize the beginning of human life and appropriate criminal protection from the moment of onset 10 days after conception, which is consistent with European experience (in particular, France) and sufficiently reflects the medical features of the period of formation of a full-fledged embryo. The article also addresses the issue of the fact that Section II of the Special Part of the Criminal Code of Ukraine combines encroachment on two different generic objects - public relations for the protection of life and public relations for the protection of personal health. This provision of the criminal law of Ukraine does not correspond to the international practice on this issue. In addition, it is reasonable to believe that the two relevant categories of the object of criminal encroachment cannot be considered similar, as such an approach in certain cases can significantly complicate the classification of a criminal offense. It is emphasized that, given the exceptional importance of criminal law protection of human life, it is necessary to formulate a separate section of the Special Part of the Criminal Code of Ukraine, which covers only crimes against life as the main object of criminal encroachment.


Bioethica ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 89
Author(s):  
Αλεξάνδρα Κοζαμάνη (Alexandra Kozamani)

Euthanasia is one of the issues that bioethics deals with, which is one of the outmost importance. Furthermore it is very up-to-date. In Greece and in most countries of the European Union euthanasia has not been subject to specialized legislation. It is only occasionally debated, resulting in tension and conflict. On one hand, people have the right to self determination, so the end of life should be among them. On the other hand, life is considered to be of the highest value and it is the duty of healthcare personnel to guard and preserve it by any means, using their expertise and knowledge.In this paper, a brief report is made to the practices used across countries in the European Union regarding the end of life. Most countries are opposed to euthanasia while acknowledging the right of a patient to refuse or receive treatment. Only three countries have passed bills that legalize euthanasia under strict conditions. The rest, due to sensitivity in this matter, have not yet proceeded in reforming their laws accordingly. It seems that society does not have the necessary reassurances so that they can engulf that issue guarding the true will of a person.


2013 ◽  
Vol 62 (4) ◽  
Author(s):  
Carlo Casini ◽  
Marina Casini

Dopo vivacissisimi dibattiti e diverse decisioni giudiziarie, il Parlamento irlandese ha approvato nel luglio 2013 la legge sull’aborto Protection of Life During Pregnancy Act (2013) che però non ha fatto cessare le discussioni né sopito le inquietudini. Il contributo, supportato da un’ampia documentazione, si muove contemporaneamente su tre piani: vengono esaminati i profili giuridici (costituzionali, referendari, legislativi e giurisprudenziali) della storia dell’aborto in Irlanda, evidenziando gli aspetti che rendono peculiare la vicenda irlandese rispetto a quella degli altri Paesi europei; affronta la questione dello statuto giuridico dell’embrione umano nell’ordinamento irlandese sia nell’ambito dell’aborto, sia in quello della fecondazione artificiale (diffusa nella prassi e legittimata dalla giurisprudenza); offre interpretazioni e prospettive concrete per tutelare la vita umana sin dal momento della fecondazione in un contesto che, invece, tende a sottrarre la protezione nei primi 14 giorni di vita dell’embrione umano. One of us, l’iniziativa dei cittadini europei, promossa sulla base del Trattato di Lisbona, si presenta come una straordinaria occasione per svolgere un ruolo di contenimento delle possibili derive negative della legge recentemente approvata e per mantenere nella società la consapevolezza che la dignità umana è uguale per tutti gli esseri umani, così tutti, sin dal concepimento, sono titolari del diritto alla vita. I cittadini irlandesi potrebbero confermare con la vastità delle adesioni a “Uno di noi” la stessa volontà manifestata nei referendum del 1983, del 1997 e del 2002: “lo Stato riconosce il diritto alla vita del bambino che deve nascere”. ---------- After several lively debates and judicial decisions, the Irish parliament passed a law on abortion in July 2013 Protection of Life During Pregnancy Act (2013) which, however, has not put an end to the discussion or calmed anxieties. The contribution, supported by extensive documentation, moves simultaneously on three levels: 1. examining the legal aspects (constitutional, referendums, legislation and judicial decisions) of abortion’s history in Ireland highlighting those that make that history unique compared to other European countries; 2. dealing with the question of the legal status of the human embryo into the Irish legal system regarding both abortion, and artificial insemination (widely practiced and legitimized by law); 3. offers interpretations and concrete prospects for protecting human life from the moment of fertilization in a context which, however, tends to deprive human life of protection in the first 14 days of life. One of us, the European citizens’ initiative, promoted on the basis of the Treaty of Lisbon, is presented as an extraordinary opportunity to play a role in limiting the possible negative tendencies of the law recently passed and to maintain awareness in society that human dignity is the same for all human beings. So everyone, from conception, is entitled to the right to life. In particular, One of us gives Irish citizens the great chance to confirm the same desire expressed in the referenda of 1983, 1992 and 2002 – “The State acknowledges the right to life of the unborn child” – by signing in great numbers the “One of Us” citizen’s initiative.


Author(s):  
Jeffrey Kovac

What makes chemistry unique? And how does this uniqueness reflect on chemistry’s unique concerns with ethics? As Roald Hoffmann (1995) argues, it is because chemistry is in the “tense middle,” occupying a space between several pairs of extremes. Perhaps most important, chemistry has always inhabited a frontier between science and technology, the pure and the applied, the theoretical and the practical (Bensaude-Vincent and Simon 2008). Unlike the other natural sciences, chemistry traces its origins both to philosophy and the craft tradition. Chemists are discoverers of knowledge and creators of new substances. The objects of study in chemistry, molecules and the macroscopic systems made up of molecules, are intermediate between the very small, the elementary particles, and the very large, the cosmos. Chemical systems are the right size to affect humans directly, for better or worse. They are the building blocks of biological organisms, they are the substances we eat and drink, they are the drugs that have improved human health dramatically over the past century, they comprise the materials we use to construct the products we use daily, but they are also the environmental pollutants that can plague our world. Chemicals can also be used as weapons. Being in the middle means that chemists face a unique set of ethical issues that I try to explicate in this chapter. These issues derive, in part, from the nature of chemistry as a science, a science that does not fit the neat picture drawn in the first chapter of textbooks. They also derive from the fact that ethics is an inquiry into right human conduct: What is a good life? Chemistry has perhaps contributed more to the betterment of human life than any other science, but at the same time has also contributed significantly to the deterioration of the environment. As explained in Chapter 3, much of chemistry is conducted in Pasteur’s quadrant, where both the search for fundamental knowledge and considerations of use are important. Chemical synthesis is perhaps the central activity of chemistry.


2021 ◽  
pp. 327-340
Author(s):  
William A. Schabas

Some fundamental rights, variously described as ‘solidarity rights’, ‘people’s rights’ or ‘third generation rights’ are not fully reflected in the human rights instruments. Indeed their place within human rights law remains somewhat controversial although that does not imply that they are not customary in nature. Among them are the right to peace, the right to a healthy environment, the right of peoples to self determination, and the right to development. The main distinction between these rights and other human rights relates to the jurisdiction of human rights bodies. They have a collective dimension that is not present in the same way with the other categories of human rights.


2017 ◽  
Vol 53 (03) ◽  
pp. 121-130
Author(s):  
Shridhar Sharma

ABSTRACTEthics is the Science of morals in human conduct. However, ethics and morals are not same. The ethics is based on certain principles, which include 'Respect for Person and Justice'. This principle is not in total conformity with Hippocratic tradition, where Physician is given a 'Position of Paternalism'. The basic idea of 'justice' is that all human beings are equally valuable. Similarly, the principle of liberty is the right to self determination but what is the use of this right that can not be fulfilled. These basic principles are evolving and are constantly posing problems in every health care institution and are a challenge to every Physician.


Author(s):  
Tim Judah

On February 17, 2008, Kosovo declared its independence, becoming the seventh state to emerge from the break-up of the former Yugoslavia. A tiny country of just two million people, 90% of whom are ethnic Albanians, Kosovo is central - geographically, historically, and politically - to the future of the Western Balkans and, in turn, its potential future within the European Union. But the fate of both Kosovo, condemned by Serbian leaders as a “fake state” and the region as a whole, remains uncertain. In Kosovo: What Everyone Needs to Know, Tim Judah provides a straight-forward guide to the complicated place that is Kosovo. Judah, who has spent years covering the region, offers succinct, penetrating answers to a wide range of questions: Why is Kosovo important? Who are the Albanians? Who are the Serbs? Why is Kosovo so important to Serbs? What role does Kosovo play in the region and in the world? Judah reveals how things stand now and presents the history and geopolitical dynamics that have led to it. The most important of these is the question of the right to self-determination, invoked by the Kosovo Albanians, as opposed to right of territorial integrity invoked by the Serbs. For many Serbs, Kosovo's declaration of independence and subsequent recognition has been traumatic, a savage blow to national pride. Albanians, on the other hand, believe their independence rights an historical wrong: the Serbian conquest (Serbs say “liberation”) of Kosovo in 1912. For anyone wishing to understand both the history and possible future of Kosovo at this pivotal moment in its history, this book offers a wealth of insight and information in a uniquely accessible format.


2016 ◽  
Vol 63 (3) ◽  
pp. 251-254
Author(s):  
Maria Daniela Tănăsescu ◽  
◽  
Marcel Pălămar ◽  
Mihai Ovidiu Comşa ◽  
Alexandru Mincă ◽  
...  

Objectives. Renal artery stenosis, as main cause of renovascular secondary hypertension, is mainly caused by atherosclerosis of large vessels and is clinically characterized by resistant or malignant hypertension, impacting the kidney function to various degrees. The present article brings into attention the case of a patient which developed renal artery stenosis on the left kidney, the same condition occurring 12 years later on the right kidney. Material and method. Our patient was initially diagnosed at the age of 48 with complete occlusion of the left renal artery, for which left nephrectomy was performed, while the right artery was normal. Twelve years later she presents with renal artery stenosis on the right kidney, which is treat by stent-angioplasty. Results. After surgery, the patient’s evolution was positive, with amelioration of the laboratory values, in parallel to the arterial blood pressure. Discussions. The probability that, in the moment of diagnosis of renal artery stenosis with progressive evolution to occlusion caused by atherosclerosis, the other artery would be normal, both seen by ultrasonography and angiography, while years later to develop stenosis, is minimal. Up to present, the literature holds little evidence of such similar cases. Conclusions. In the particular case of patients that were diagnosed with severe renal artery stenosis of atherosclerotic origin and had only one of the arteries affected, it is necessary to keep a permanent monitoring, justified by the risk of development of the same pathology to the other artery


2013 ◽  
Vol 62 (2) ◽  
Author(s):  
Carlo Casini ◽  
Marina Casini

Il contributo esamina la sentenza della Corte Suprema di Cassazione n. 14979 del 2013 che ha per tema l’obiezione di coscienza all’aborto. Nella fattispecie, un medico ginecologo viene pesantemente condannato per aver fatto valere il suo diritto di sollevare obiezione di coscienza (previsto dalla legge 194/1978) per attività che secondo i giudici non sono coperte dall’obiezione di coscienza. Nella prima parte dell’articolo, gli Autori muovono osservazioni critiche riguardo alla particolare severità della sentenza e riportano la ricostruzione dei fatti così come emerge dalle indagini giudiziarie. Di seguito concentrano l’attenzione sul significato e l’estensione del concetto di intervento medico- chirugico in generale e abortivo in particolare, osservando che nella misura in cui un’attività, sebbene non rientrante nel “nucleo” dell’intervento, è programmata dall’inizio come fase conclusiva (tanto che se non vi fosse la certezza di effettuarla, non potrebbe neanche iniziarsi l’intervento) tale attività è parte integrante dell’intervento stesso e dunque, trattandosi di aborto, coperta da obiezione di coscienza. Rilevante ai fini di questa valutazione è l’evidente nesso di causalità che tiene in un tutto unitario i vari momenti che si susseguono cronologicamente. La questione squisitamente giuridica della revoca immediata dell’obiezione viene risolta alla luce della differenza tra l’eventuale accettazione preventiva e l’esecuzione dell’ordine imprevisto. L’aspetto comunque più significativo è legato all’interrogativo che fa da cornice a tutto il contributo: perché tanta avversione contro l’obiezione di coscienza sanitaria con riferimento all’aborto? La risposta si trova nella negazione esplicita o implicita, ma anche nella semplice dimenticanza, che il figlio è figlio sin dal momento del concepimento. “Il diritto di aborto – si legge nella sentenza della Cassazione – è stato riconosciuto come ricompreso nella sfera di autodeterminazione della donna”. Questo pensiero, sottolineano gli Autori, è espressione di una deriva che, avviatasi con la sentenza costituzionale del 1975, avanzata con la legge 194/1978 e gravemente consolidatasi con la pretesa del “diritto” di aborto, nasce dal rifiuto di porre lo sguardo sul figlio concepito e, di conseguenza, avversa l’obiezione di coscienza. Per questo c’è ancor più bisogno di ripetere, concludono gi Autori, che il fondamento e la tutela dell’obiezione di coscienza dipendono dal riconoscimento che il concepito è uno di noi. Interessanti anche gli spunti giuridici di livello internazionale. ---------- The article examines the judgement of the Supreme Court of Cassation n. 14979 of 2013 about conscientious objection to abortion. In this case, a gynecologist was heavily condemned for having asserted his right to raise conscientious objection (provided by Law 194/1978) for activities that according to the judges are not covered by the conscientious objection. In the first part of the article, the Authors criticize the particular severity of the sentence and report the reconstruction of the events emerging from the judicial investigations. Afterward they focus attention on the meaning and the extension of the concept of surgical intervention to understand what the boundaries are of an abortion. Whether a final activity is planned from the outset (so that if it were not sure to perform it, the intervention should not be started) this activity is an integral part of the intervention itself and, therefore, in the case of abortion, covered by conscientious objection. For the purposes of this evaluation, the Authors write, it is very important the clear causal link that takes into a unified whole the various moments that follow one other chronologically. The purely legal question of immediate withdrawal of the objection is resolved in the light of the difference between the possible preventive acceptance of the execution and the execution of an unexpected order. The most significant aspect, however, is tied to the question that frames the entire contribution: why so much aversion against conscientious objection with regard to abortion? The answer lies in the express or implied negation – but also in the simple forgetfulness – that the child is a child from the moment of conception. “The right to abortion – it is written in the Supreme Court’s ruling – has been recognized as coming within the sphere of women’s self-determination” This thought, the Authors point out, is an expression of a drift originally triggered by the constitutional ruling of 1975, then advanced with the Law 194/1978 and finally severely consolidated with the claim of “right” to abortion. Since this drift arises from the refusal to look at the child conceived, consequently it adverse conscientious objection. For this there is even more need to repeat, the Authors conclude, that the foundation and the protection of conscientious objection depends on the recognition that the unborn is one of us. The legal references on the international level are also interesting.


Sign in / Sign up

Export Citation Format

Share Document