unknowjondoe wrote:
Right to life, liberty and security? What about the child's right to life? If you take that then they don't have any liberty. And not to mention security.
No such right exists except in the imagination of those who believe that so-called, "natural law," has any standing in law.
A right is an interest that can be enforced at law. Period. If it can't be enforced, it's not a right.
In order to enforce an interest at law, one must first be a legal person. In the legal environments of the Common Law world, a human being does not become a legal person until it has passed, in a living state, entirely from the body of its mother. A human being who is not yet a legal person has no ability to enforce any interests. Consequently, that human being has no rights. End of legal argument. (There may be a significant moral and ethical argument yet to be made, but until the law changes to accommodate those morals and ethics, there is nothing further to say on the legal front).
Now, the child does have a legal interest in its own life. But that interest is wholly and entirely coincident with its mother's interest until the limit of viability. It is only at that point that the child has any possibility of survival outside the uterus--a child that cannot survive outside the uterus cannot demonstrate an interest distinct from the woman in whose uterus it lives. And thus, I argue, that the interest only becomes relevant separate from the mother's rights and interests at that point (roughly 21 weeks gestational age).
So, balancing a mother's right to life, liberty and security of the person, against her fetus' coincident interest in its own life, I think that the balance is a no-brainer. But the second that the fetus develops an independent interest in its own life, separate and apart from its interests in its mother's health, it's a whole new argument. At twenty one weeks, and one day gestational age, I stop being pro-choice. Only a threat to maternal health is sufficient to sway my view once there is any possibility of fetal viability.
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If the mother is medically incapable of caring the child then I agree with abortion. But considering the mother already made a choice to put herself in that situation why not follow through? I mean if you are pro choice what about the choice to use birth control or a condom they are not that hard to find.
Already made a choice? No form of contraception is 100% effective.
What of the woman who finds herself pregnant notwithstanding the use of contraception?
What of women who genuinely believe themselves to be infertile due to an improperly performed ligation? Or due to an erroneous belief in the onset of menopause?
What of the women who have been abandoned by their partners and disowned by their parents?
What of the women who face non-life threatening complications from pregnancy that prevent them from continuing to work?
You have a very simplistic view of the circumstances of women who may--for myriad reasons--find themselves pregnant in circumstances that were neither voluntary, nor are sustainable.
_________________
--James