Support for the legalization of abortion

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Support for the legalization of abortion

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Albert Wynn and Gloria Feldt on the steps of the U.S. Supreme Court to rally for legal abortion on the anniversary of Roe v. Wade

Support for the legalization of abortion is centered on the pro-choice movement (also known as the abortion-rights movement), a sociopolitical movement supporting the ethical view that a woman should have the legal right to elective abortion, meaning the right to terminate her pregnancy.

The opposing countermovement of pro-life campaigners (also called anti-abortion campaigners) generally argue for the rights of fetuses and for prohibition or restriction of abortion. Subscribing to different moral grounds than the pro-choice movement, pro-lifers hold the view that the human fetus (and in most cases the human embryo) is a person and therefore has a right to life.

A key point in the development of the movement in the U.S. was the decriminalization and legalization of elective abortion in various states following the U.S. Supreme Court's 1973 decision in Roe v. Wade, which struck down most state laws restricting abortion.[1][2]

Contents

Overview

Abortion-rights advocates argue that whether or not to continue with a pregnancy is an inviolable personal choice, as it involves a woman's body, personal health, and future. They believe that both parents' and children's lives are better when abortions are legal, thus preventing women from going to desperate lengths to obtain illegal abortions. More broadly, abortion-rights advocates frame their beliefs in terms of individual liberty, reproductive freedom, and reproductive rights. The first of these terms was widely used to describe many of the political movements of the 19th and 20th centuries (such as in the abolition of slavery in Europe and the United States, and in the spread of popular democracy) whereas the latter terms derive from changing perspectives on sexual freedom and bodily integrity.

Abortion-rights individuals rarely consider themselves "pro-abortion," because they consider abortion an issue of bodily autonomy, and find forced abortion to be as legally and morally indefensible as the outlawing of abortion. Indeed, some who support abortion rights consider themselves opposed to some or all abortions on a moral basis, but believe that abortions would happen in any case and that legal abortion under medically controlled conditions is preferable to illegal back-alley abortion without proper medical supervision. Such people believe the death rate of women due to such procedures in areas where abortions are only available outside of the medical establishment is unacceptable.

Some who argue from a philosophical viewpoint believe that an embryo has no rights as it is only a potential and not an actual person and that it should not have rights that override those of the pregnant woman until it is viable.[3]

Many abortion-rights campaigners also say that anti-abortion activists oppose sex education and contraception, thus increasing the demand for abortion, and that abortion-rights activists, in contrast, support policies that decrease this demand.[4][non-primary source needed] Proponents of this argument point to cases of areas with limited sex education and contraceptive access that have high abortion rates, either legal, illegal or de facto exported (i.e., where a high proportion of abortions from a state occur outside that state in another country with a more liberal abortion regime). Irish women who visit the United Kingdom for abortions are one example, as were the Belgian women who travelled to France (before Belgium legalized abortion).

Some people who support abortion rights see abortion as a last resort and focus on a number of situations where they feel abortion is a necessary option. Among these situations are those where the woman was raped, her health or life (or that of the fetus) is at risk, contraception was used but failed, the fetus has acute congenital disorder and defects, incest, financial constraints, one-child policy/overpopulation, or she feels unable to raise a child. Some abortion-rights moderates, who would otherwise be willing to accept certain restrictions on abortion, feel that political pragmatism compels them to oppose any such restrictions, as they could be used to form a slippery slope against all abortions.[5][non-primary source needed]

Abortion-rights campaigns worldwide

International status of abortion law:
  Legal on request
  Legal for rape, maternal life, health, mental health, socioeconomic factors, and/or fetal defects
  Illegal with exception for rape, maternal life, health, fetal defects, and/or mental health
  Illegal with exception for rape, maternal life, health, and/or mental health
  Illegal with exception for maternal life, health, and/or mental health
  Illegal with no exceptions
  Varies
  No information
[6]

The issue of abortion remains one of the most divisive in public life, with continuing battles to liberalise or restrict access to legal abortion. Abortion-rights groups are active in all states in the USA, campaigning for legal abortion with varying degrees of success. Few of these states allow abortion without limitation or regulation, but most do allow various limited forms of abortion. Abortion-rights campaigners themselves are frequently divided as to the types of abortion that should be available and to what extent access is to be restricted.

Africa

South Africa allows abortion on demand under its Choice on Termination of Pregnancy Act. Most African nations, however, have abortion bans except in cases where the woman's life or health is at risk. A number of abortion-rights international organizations have made altering abortion laws and expanding family planning services in sub-Saharan Africa and the developing world a top priority.

Europe

Most European countries have legalized abortion (in at least some cases) through certain laws (United Kingdom, France, Germany, Italy, Spain, Portugal, Netherlands, etc.). Russia legalized the procedure in 1955. It is also the country with the lowest level of sexual education.[7][vague]

United Kingdom

In the United Kingdom, the Abortion Act 1967 legalized abortion, except in Northern Ireland. In Great Britain, the law states that pregnancy may be terminated up to 24 weeks[8] if it:

  1. puts the life of the pregnant woman at risk
  2. poses a risk to the mental and physical health of the pregnant woman
  3. poses a risk to the mental and physical health of the fetus
  4. shows there is evidence of extreme fetal abnormality i.e. the child would be seriously physically or mentally handicapped after birth and during life.[9]

However, the criteria of risk to mental and physical health is applied liberally, and de facto makes abortion available on demand,[10] though this still requires the consent of two National Health Service doctors. Abortions in Great Britain are provided for free by the NHS.

The Labour Party and the Liberal Democrats are predominantly pro-abortion-rights parties, though with significant minorities in each either holding extremely restrictive definitions of the right to choose, or subscribing to an anti-abortion analysis. The Conservative Party is more evenly split between both camps and its leader, David Cameron, supports abortion on demand in the early stages of pregnancy.[11]

Ireland

Abortion is illegal in the Republic of Ireland except when the woman's life is threatened by a medical condition or a suicide risk, since a 1983 referendum amended the constitution. Subsequent amendments – the thirteenth and fourteenth – guaranteed the right to travel abroad (for abortions) and to distribute and obtain information of "services" not available in the country, such as abortion, which are lawful in other countries. A proposal to remove suicide risk as a ground for abortion was struck down in a 2002 referendum. Thousands of women get around the ban by privately traveling to the other European countries (typically Britain and the Netherlands) to undergo terminations.[12]

The Labour Party, Sinn Féin, Communist Party and Socialist Party are in favor of liberalizing the laws. For many other parties (such as the Green Party), it is a 'matter of conscience' and they have no official line on the issue.[13]

Abortion is also illegal in Northern Ireland, except in cases when the woman is threatened by a medical condition, physical or mental.[14][15]

Poland

Abortion is illegal in Poland unless the pregnancy endangers the life of the mother, the pregnancy was the result of a criminal act or the fetus is seriously malformed.[16] Abortion was legalized by the Soviet Union throughout its rule of Poland, but this policy was abandoned after the fall of the USSR.

North America

United States

Abortion-rights activists before the Washington Monument in Washington, D.C., at the March for Women's Lives in 2004

Prior to 1973, abortion was not subject to United States constitutional law, but was purely a matter for the individual states, all of which chose to apply some level of restrictions. The first legal restrictions on abortion appeared in the 1820s, forbidding abortion after the fourth month of pregnancy. By 1900, legislators at the urgings of the American Medical Association had enacted laws banning abortion in most U.S. states.[17] In its landmark 1973 case, Roe v. Wade where a woman challenged the Texas laws criminalizing abortion, the U.S. Supreme Court reached two important conclusions:

  • That state abortion laws are subject to the due process clause of the Fourteenth Amendment to the United States Constitution; and
  • That the procurement of an abortion was a constitutional right during the first and second trimesters of a pregnancy based on the constitutional right to privacy, but that the state's interest in protecting "potential life" prevailed in the third trimester unless the woman's health was at risk. In subsequent rulings, the Court rejected the trimester framework altogether in favor of a cutoff at the point of fetal viability (Cf. Planned Parenthood v. Casey).

Planned Parenthood, NARAL Pro-Choice America, National Organization for Women, and the American Civil Liberties Union are the leading abortion-rights advocacy and lobbying groups in the United States. Most major feminist organizations also support abortion-rights positions.

In the United States, the Democratic Party's platform endorses the abortion-rights position, stating that abortion should be "safe, legal, and rare".[18] Not all Democrats agree with the platform, however, and there is a small pro-life faction within the party, expressed in such groups as Democrats for Life of America.[19] Similarly, there is a small abortion-rights faction within the Republican Party.

Terminology controversy

The terms "pro-choice" and "pro-life" are examples of political framing. They are terms which purposely try to define their philosophies in the best possible light, while attempting to define their opposition in the worst possible light: "Pro-choice" implies the alternative viewpoint is "pro-coercion" or "anti-choice", while "pro-life" implies the alternative viewpoint is "pro-death" or "anti-life".[20] Similarly each side's use of the term "rights" ("reproductive rights", "right to life of every unborn child") implies a validity in their stance, given that the presumption in language is that rights are inherently a good thing and so implies an invalidity in the viewpoint of their opponents. (In liberal democracies, a right is seen as something the state and civil society must defend, whether human rights, victims' rights, children's rights, etc. Many states use the word rights in fundamental laws and constitutions to define basic civil principles; both the United Kingdom and the United States possess a Bill of Rights.) Other examples of political framing frequently employed in this context are: "unborn baby", "unborn child", and "pre-born child".[21][22]

The term "pro-life" for those who are opposed to legal abortion is further objected to by activists who support the legalization of abortion because women's lives are lost due to unsafe abortions when abortion is illegal. Some who support abortion consider the term ironic since they say "pro-life" activists oppose the use of abortion procedures even when they are deemed medically necessary to save the life of the pregnant woman, or to resolve a situation that endangers both the life of the woman and the fetus to such an extent that both will die if an abortion is not performed.[citation needed] Members of the pro-choice movement counter the "pro-life" terminology with the argument that being pro-choice is pro-life: pro-women's lives.

"Being pro-choice is much more than just being pro-abortion. It's being pro-women's lives, health, and rights."[23]

The Associated Press and Reuters encourage journalists to use the terms "abortion rights" and "anti-abortion", which they see as neutral.[24]

See also

References

  1. ^ Staggenborg, Suzanne (1994). The Pro-Choice Movement: Organization and Activism in the Abortion Conflict. Oxford University Press US. p. 188. ISBN 0-19-508925-1. http://books.google.com/books?id=3oRBOuEvz30C&pg=PA188. 
  2. ^ Greenhouse, Linda (2010). Before Roe v. Wade: Voices that Shaped the Abortion Debate Before the Supreme Court's Ruling. Kaplan Publishing. ISBN 1-60714-671-1. http://www.brennancenter.org/blog/archives/Greenhouse_and_Reva_B._Siegel. 
  3. ^ Johnstone, Megan-Jane (2004). Bioethics: a nursing perspective. Churchill Livingstone. ISBN 978-0-7295-3726-1. http://books.google.com/books?id=i_tbPhm1JZUC. 
  4. ^ Cosgrove, Terry (October 24, 2007). "So-Called Pro-Lifers Should Stop Promoting Abortion". The Huffington Post. http://www.huffingtonpost.com/terry-cosgrove/socalled-prolifers-shou_b_69729.html. Retrieved 2010-12-27. 
  5. ^ Zandt, Deanna (2005-11-03). "Husband notification laws and Alito". AlterNet. http://www.alternet.org/blogs/themix/27706/. Retrieved 2006-07-07. 
  6. ^ World Abortion Policies 2007, United Nations, Department of Economic and Social Affairs, Population Division.
  7. ^ Greenall, Robert (2003-09-16). "Russia turns spotlight on abortion". BBC News Online (BBC News). http://news.bbc.co.uk/1/hi/world/europe/3093152.stm. Retrieved 2006-07-07. 
  8. ^ "MPs reject cut in abortion limit". BBC News. 2008-05-21. http://news.bbc.co.uk/1/hi/uk_politics/7412118.stm. Retrieved 2010-05-22. 
  9. ^ Official text of the Abortion Act 1967 as in force today (including any amendments) within the United Kingdom, from the UK Statute Law Database .
  10. ^ R v British Broadcasting Corporation, ex parte ProLife Alliance [2002] EWCA Civ 297 at [6], [2002] 2 All ER 756 at 761, CA
  11. ^ David Cameron supports abortion on demand, Catholic Herald, 20 June 2008.
  12. ^ BBC News – Irish teen wins abortion battle
  13. ^ Choice Ireland – Irish political parties: Where do they stand?
  14. ^ Rex v Bourne [1939] 1 KB 687, [1938] 3 All ER 615, CCA
  15. ^ "Q&A: Abortion in Northern Ireland". BBC News. June 13, 2001. http://news.bbc.co.uk/2/hi/uk_news/northern_ireland/1386450.stm. Retrieved December 9, 2011. 
  16. ^ "Rozporządzenie Prezydenta Rzeczypospolitej". Wayback Machine. http://web.archive.org/web/20091104062448/http://przestepczosczorganizowana.republika.pl/praw_pliki/historia_prawa/Kodeks_karny_1932r.pdf. Retrieved December 9, 2011. 
  17. ^ Lewis, Jone Johnson. "Abortion History: A History of Abortion in the United States". Women's History section of About.com. About.com. http://womenshistory.about.com/od/abortionuslegal/a/abortion.htm. Retrieved 2006-07-07. 
  18. ^ "The 2004 Democratic National Platform for America". United States Democratic Party. 2004-07-24. Archived from the original on February 8, 2007. http://web.archive.org/web/20070208041534/http://www.democrats.org/pdfs/2004platform.pdf. Retrieved 2007-02-12. 
  19. ^ Fineman, Howard; Evan Thomas (2006-03-20). "The GOP's Abortion Anxiety". Newsweek Politics. MSNBC. http://www.msnbc.msn.com/id/11786788/site/newsweek/. Retrieved 2006-07-07. [dead link]
  20. ^ "Example of 'anti-life' terminology" (PDF). http://www.rnclife.org/reports/2009/spring/RNC-Spring09.pdf. Retrieved December 9, 2011. 
  21. ^ Chamberlain, Pam; Hardisty, Jean. "The Importance of the Political 'Framing' of Abortion". Political Research Associates. http://www.publiceye.org/magazine/v14n1/ReproPatriarch-07.html. Retrieved 2011-06-23. 
  22. ^ "The Roberts Court Takes on Abortion". New York Times. November 5, 2006. Retrieved January 18, 2008.
  23. ^ Happy Birthday Roe v. Wade!! January 22, 2008
  24. ^ Goldstein, Norm, ed. The Associated Press Stylebook. Philadelphia: Basic Books, 2007.

Sources and additional reading

Books

  • Ninia Baehr, Abortion without Apology: A Radical History for the 1990s South End Press, 1990.
  • Ruth Colker, Abortion & Dialogue: Pro-Choice, Pro-Life, and American Law Indiana University Press, 1992.
  • Donald T. Critchlow, The Politics of Abortion and Birth Control in Historical Perspective University of Pennsylvania Press, 1996.
  • Myra Marx Ferree et al., Shaping Abortion Discourse: Democracy and the Public Sphere in Germany and the United States Cambridge University Press, 2002.
  • Marlene Gerber Fried, From Abortion to Reproductive Freedom: Transforming a Movement South End Press, 1990.
  • Beverly Wildung Harrison, Our Right to Choose: Toward a New Ethic of Abortion Beacon Press, 1983.
  • Suzanne Staggenborg, The Pro-Choice Movement: Organization and Activism in the Abortion Conflict, Oxford University Press, 1994.
  • Raymond Tatalovich' The Politics of Abortion in the United States and Canada: A Comparative Study M.E. Sharpe, 1997.

Articles and journals

  • Mary S. Alexander, "Defining the Abortion Debate" in ETC.: A Review of General Semantics, Vol. 50, 1993.
  • David R. Carlin Jr., "Going, Going, Gone: The Diminution of the Self" in Commonweal Vol.120. 1993.
  • Vijayan K. Pillai, Guang-Zhen Wang, "Women's Reproductive Rights, Modernization, and Family Planning Programs in Developing Countries: A Causal Model" in International Journal of Comparative Sociology, Vol. 40, 1999.
  • Suzanne Staggenborg, "Organizational and Environmental Influences on the Development of the Pro-Choice Movement" in Social Forces, Vol. 68 1989.

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