Difference between revisions of "Fetal rights"

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(over ruled, editor is new, editor wrote much that is at wikipedia, not all listed at WP is in CP article. I will clarify further)
(It's an exact copy-paste from the current WP page - even has the link where the image (not present on CP) should go - minus the references.)
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'''Fetal rights''' are the ''legal'' or ''ethical'' rights of [[fetus|fetal children]]. The term is used most often in the context of the [[abortion debate]], as the basis for an argument in support of the [[pro-life]] stance.
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== Fetal protection in law ==
 
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Some laws seek to protect or otherwise recognize the rights of fetal children. Some of these grant recognition under specific conditions: the fetal child can legally be a victim of a [[crime]] such as [[abortion|fetal homicide]], a [[beneficiary]] of [[insurance]] or [[Welfare (financial aid)|social assistance]], or an [[inheritance|inheritor]] of [[property]].
 
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* The [[American Convention on Human Rights]] (1969) is a treaty signed by 24 [[Latin America]]n countries, which states that from the moment of conception, human beings have rights.
 
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* The ''[[Unborn Victims of Violence Act]]'' is a [[United States]] [[law]] which defines violent [[assault]] committed against pregnant mothers as being a [[crime]] against two persons: the mother and her fetal child.<ref name="lacislaw"> 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.</ref>  This law was passed in 2004 after the [[murder]] of [[Laci Peterson]] and her fetal child [[Connor Peterson]].
 
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*In 2002, U.S. [[President of the United States|President]] [[George W. Bush]] announced a plan to ensure [[health care]] coverage for fetal children under the [[State Children's Health Insurance Program]] (SCHIP).<ref name="chip">"[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.</ref>
 
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*[[Iran]]ian law holds that anyone who brings about a miscarriage must pay a [[Fine (penalty)|monetary fine]], which varies depending upon the stage of development and/or sex of the fetal child, in compensation.<ref>[http://annualreview.law.harvard.edu/population/abortion/Iran.abo.html Abortion Laws of the World]. ''Annual Review of Population Law.'' Retrieved July 14, 2006.</ref>
 
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===Right-to-life and legal personhood===
 
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[[Image:H.R. 1997 signing.jpg|thumb|250px||[[President of the United States|United States President]] [[George W. Bush]] signs the ''[[Unborn Victims of Violence Act]] of 2004'']]
 
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Legislative measures sometimes seek to establish the [[right to life]] of the fetal child from the moment of [[fertilization]]. Such laws recognize fetal children as a [[persons]] whose legal status is on par with that of any other member of the [[species]] [[Human|homo sapiens]]:
 
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*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 (biology)|conception]]." The Convention is considered binding only for the 24 of 35 member nations of the [[Organization of American States]] who [[ratify|ratified]] it.
 
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*In 1983, the [[Eighth Amendment of the Constitution of Ireland]], also known as the "Pro-Life Amendment," was added to the [[Constitution of Ireland|Constitution]] of [[The Republic of Ireland]] by popular [[referendum]]. It recognizes "the right to life of the unborn".
 
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* In 1993, the [[Federal Constitutional Court]] of [[Germany]] held that the [[Basic Law for the Federal Republic of Germany|constitution]] guaranteed the right to life from conception, but  that it is within the discretion of parliament not to punish [[abortion|fetal homicide]] in the first [[trimester]], providing that mothers agreed to undergo special [[informed consent|counselling]] designed to discourage termination and "protect unborn life".  The intermediate decision was the result of an attempt to join [[East Germany|East Germany's]] [[Abortion in Germany|abortion law]] to that of [[West Germany]] after [[German reunification|reunification]] in 1990.
 
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Other governments have laws in place that state that fetal children are not legally recognized persons thereby violating their natural rights:
 
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*In Canadian law, under section 223 of the [[Criminal Code of Canada]], a fetal child 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."
 
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Much [[pro-life|opposition to legal abortion]] in the West is based on a concern for fetal rights. Similarly many [[pro-abortion|anti-fetal rights]] groups oppose fetal rights, even when they do not impinge directly on the [[abortion]] issue, because they perceive this as a [[slippery slope]] strategy to restricting [[abortion|fetal homicides]].<ref>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.</ref>
 
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==Behavioral intervention==
 
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Various initiatives, prompted by concern for the ill effects which might be posed to the health or [[fetal development|development of a fetus]], seek to restrict or discourage mothers from engaging in certain behaviors while pregnant. Also, in some countries, laws have been passed to restrict the practice of [[abortion|fetal homicide]] based upon the gender of the fetal child.
 
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*Many jurisdictions actively warn against the consumption of [[alcoholic beverage]]s by pregnant mothers, recommending a [[Alcoholic beverages — recommended maximum intake|maximum intake]] or total [[Teetotalism|abstinence]], due to its association with [[Fetal alcohol syndrome]]. Countries that encourage those who are pregnant to avoid [[alcohol]] either entirely or partially include [[Australia]], [[Canada]], [[France]], [[Iceland]], [[Israel]], [[the Netherlands]], [[Norway]], [[New Zealand]], [[Spain]], the [[United Kingdom]], and the [[United States]].
 
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* Many national and international agencies recommend [[Dietary Reference Intake|dietary guideline]]s for pregnant mothers due to the health risks posed by the consumption of [[fish]] contaminated with [[methylmercury]] through [[industry|industrial]] [[pollution]]. Studies have linked exposure to various levels of methylmercury in utero to [[neurology|neurological disorder]]s in children.
 
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*The use of [[tobacco]] products or exposure to [[secondhand smoke]] during pregnancy has been linked to [[birth weight|low birth weight]].<ref>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.</ref> [[Governor]] [[Mike Huckabee]] of [[Arkansas]], citing studies which attribute 10% of infant deaths to [[tobacco smoking|tobacco-smoking]] mothers, considered adopting a [[smoking ban]] for pregnant women in 2006 with the aim of reducing [[infant mortality]].<ref name="huckabee">"[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.</ref>
 
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*No [[U.S. states|U.S. state]] has enacted a law which criminalizes specific behavior during pregnancy, but, nonetheless, it has been estimated that at least 200 American pregnant mothers have been [[prosecution|criminally prosecuted]] or [[arrest]]ed under existing [[child abuse]] statutes for allegedly bringing about harm in-utero through their conduct during pregnancy.<ref name="crlp">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.</ref> Reasons for pressing charges included [[drug abuse|use]] of [[illicit drugs]], consumption of alcohol, and failure to comply with a doctor's order of [[bedrest]] or [[caesarean section]].<ref name="crlp" /> Drug addicts have been accused of "supplying drugs to a minor" through unintentional chemical subjection via the [[umbilical cord]].<ref name="crlp" /> Others have been charged with [[assault with a deadly weapon]] with the "deadly weapon" in question being an illegal drug.<ref name="crlp" /> [[Minnesota]], [[Wisconsin]] and [[South Dakota]] allow mothers who continue to [[substance abuse|use substances]] while pregnant to be [[involuntary commitment|civilly committed]].<ref name="crlp" /> Some states require that medical providers report any [[infant]] who is born with a [[physical dependency]], or who [[drug test|tests positive]] for residual traces of alcohol or [[controlled substances|drugs]], to [[child welfare]] authorities.
 
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*Cultural preferences for male children in some parts of [[Asia]], such as [[Mainland China]], [[India]], [[South Korea]], and [[Taiwan]], have sometimes lead to [[prenatal discrimination]]. This phenomenon might be partially responsible for the disparity between male-to-female [[birth rate]]s which is observed in some places. India banned the practice of [[abortion|fetal homicide]] for reasons of fetal sex in 1994.<ref>Jyotsna Singh, [http://news.bbc.co.uk/2/low/south_asia/6911702.stm India probes baby body parts find], BBS News, [[July 23]] [[2007]]. Retrieved [[August 15]] [[2008]].</ref>
 
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===Example cases===
 
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*Jennifer Johnson of [[Seminole County, Florida|Seminole County]], [[Florida]] was convicted under a [[drug trafficking]] law in 1989. It was alleged that, in consuming [[cocaine]] during her pregnancy, she had delivered a [[controlled substance]] to a [[minor (law)|minor]] via the [[umbilical cord]]. She was sentenced to one-year in a [[drug treatment]] program, 14 years [[probation]], and 200 hours of [[community service]]. Johnson appealed and [[Supreme Court of Florida]] overturned its decision to convict her in 1992.<ref>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.</ref>
 
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*Cornelia Whitner of [[Central, South Carolina]] [[plea|pled guilty]] in 1992 to a charge of [[child abuse|criminal child neglect]] after she was discovered to have used [[cocaine]] while pregnant. Sentenced to eight years in [[prison]], she petitioned the [[Court of Appeals]] 16 months later, claiming that she had been given [[Ineffective assistance of counsel|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 fetal child. However, in the 1997 case ''Whitner v. South Carolina'', the [[Supreme Court of South Carolina]] upheld its prosecution of Whitner.<ref>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.</ref><ref>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.</ref><ref>''[http://hometown.aol.com/abtrbng/whitner.htm Whitner v. State]{{Dead link|date=June 2009}},'' 328 S.C. 1, 492 S.E.2d 777 (1997).</ref>
 
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* A mother from [[Winnipeg, Manitoba]] who had an [[inhalant]] [[addiction]] in 1996. She had three previous children, and, when she became pregnant a fourth time, Winnipeg Child and Family Services sought a [[court order]] permitting her to be [[involuntary commitment|committed]] to a [[drug rehabilitation]] facility for the remaining duration of her pregnancy. A judge agreed that the mother should be taken into custody. However, the decision was overturned by the [[Manitoba Court of Appeal]].<ref>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.</ref>
 
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* Brenda Drummond, 29, of [[Carleton Place, Ontario]] tried to abort at 9 months on [[28 May]] [[1996]] by introducing a pellet gun in her vagina and shooting her fetal child in the head. Attempted murder charges against her were dropped since the [[Criminal Code of Canada]] definition of "human being" doesn't include individuals in fetal stages of development. 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.<ref>BC Pro-Choice Action Network. ''Pro-Choice Press,'' [http://www.prochoiceactionnetwork-canada.org/prochoicepress/97spring.shtml "Drummond Update",] Spring 1997. (Retrieved 6 March 2008).</ref><ref>Régis Bouchard. ''Le Droit,'' "Brenda Drummond pourra refaire sa vie", 7 February 1997.</ref>
 
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* Melissa Ann Rowland of [[Salt Lake City]], [[Utah]] was charged with [[murder]] in 2004 after her refusal to undergo a [[caesarean section]] resulted in one of the two in her [[twin]] pregnancy being [[Stillbirth|stillborn]].<ref>"[http://news.bbc.co.uk/2/hi/americas/3504720.stm Mother charged in Caesarean row]." (March 12, 2004). ''BBC News.'' Retrieved July 31, 2006.</ref> Rowland was later sentenced to 18 months probation as a result of secondary charge of [[child abuse|child endangerment]].<ref>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.</ref>
 
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* [[Governor|Gov.]] [[Jeb Bush]] sought appointment of a [[legal guardian]] to protect the fetus of a [[developmental disability|developmentally-disabled]] [[rape]] victim in 2003. The woman, who could not assist police in identifying her assailant, was raped while living in a [[group home]] in [[Orlando, Florida]].<ref>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.</ref> She gave birth to a child in [[September 2003]].<ref>"[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.</ref>
 

Revision as of 16:26, October 27, 2009

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