Essay Instructions: Week 5 Homework
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Keep in Question format
Post your Homework to the Dropbox before midnight, Sunday. This assignment is worth 16 points.
1. Late-Term Abortions
Late-term abortion (what some opponents of abortion call "partial-birth abortion") is a controversial procedure known technically as dilation and extraction. It is a rare operation usually performed after the first trimester because the pregnancy endangers the mother's life, the fetus is seriously deformed or defective, or the mother is mentally impaired, homeless, addicted to drugs, or otherwise unprepared or unwilling to care for an infant.
Late-term abortion has been hotly debated in society and frequently in the courts. Some late-term abortions are performed after the fetus becomes viable. Do such procedures then involve, as some have alleged, the killing of babies? Should all late-term abortions be outlawed? Why or why not? Are they different from earlier abortions in morally relevant respects? Why or why not?
2. European Court Of Human Rights Considers Appeal Of Polish Woman Allegedly Denied Abortion
16 Feb 2006
The European Court of Human Rights on Tuesday began considering the appeal of a Polish woman who says that in 2000 she was denied an abortion despite warnings from physicians that she could become blind if she continued the pregnancy, the Scotsman reports (Neighbour, Scotsman, 2/8).
Alicja Tysiac -- who has three children -- alleges that Poland's abortion law violated her rights under Article 8 and Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which guarantee "respect for privacy and family life" and "prohibition of discrimination," respectively. Polish law allows abortion only if a woman has been raped, if there is danger to the life of the woman or if the fetus will have birth defects, according to the Jurist (Onikepe, Jurist, 2/8). The European Court could rule that Tysiac's rights were violated but cannot mandate that Poland change its abortion laws (Reuters, 2/7).
Background, Next Steps
According to noticias.info, three ophthalmologists in February 2000 told Tysiac she would go blind if she were to give birth to a third child. None of the doctors would refer her for an abortion procedure. In April 2000, Tysiac had an appointment at a public hospital in Warsaw, Poland, where a gynecologist said there was no medical reason to have the procedure.
Tysiac gave birth via caesarean section in November 2000 (noticias.info, 2/8). According to BBC News, after her c-section, Tysiac experienced a retinal hemorrhage (Repa, BBC News, 2/7). Since then, "a panel of doctors concluded that her condition required treatment and daily assistance and declared her to be significantly disabled," court documents said (Bowley, International Herald Tribune, 2/8).
According to Reuters, Tysiac filed a criminal complaint against the gynecologist at the public hospital but dropped it when a district prosecutor said there was no causal association between the gynecologist's decision and her blindness (Reuters, 2/7). She filed a complaint with the European Court in January 2003 (noticias.info, 2/8). Tysiac's lawyer, Anna Wilkowska-Landowska, said, "Poland did not protect Alicja Tysiac's health when she was at her most vulnerable" (Scotsman, 2/8).
A Polish government official on Tuesday said it was too soon to comment on the case. It likely will be three to four months before the court makes a final judgment in the case, a court spokesperson said. Both sides could appeal the court's ruling, the Herald Tribune reports (International Herald Tribune, 2/8).
Jenny Martin. (2006, February 16). "European Court Of Human Rights Considers Appeal Of Polish Woman Allegedly Denied Abortion." Medical News Today. Retrieved from http://www.medicalnewstoday.com/releases/37619.php.
Did the situation actually meet the legal requirements for the abortion? Why or why not?
3. When Life Begins (or personhood)
Because discussions about abortion are strongly connected to the question of when life begins (or personhood). Evaluate two different views on when this occurs comparing pros and cons