Fetal Rights & Forced Medical Treatment: Your Opinion?

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Sand
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27 Mar 2010, 7:32 am

PLA wrote:
leejosepho wrote:
LKL wrote:
The question is whether or not pregnant women should be included in the same category as the mentally insane, the mentally incompetent, and suspected criminals who are under arrest - just because they happen to be pregnant? In cases like the one I posted earlier, should the state have the right to place the life of a woman's z/e/f over the health and security of her already born children and her own bodily autonomy? Personally, I don't think that a woman should cease to have the rights of a mentally normal, law-abiding U.S. citizen just because she's pregnant.


It might not be your intent to merely spin a bunch of hyped rhetoric here, but some sorting must be done if we are ever going to look at any of this clearly:

A woman does *not* cease to have any previously-held right simply because she is pregnant. So, that is not the question here.

The question here is whether or not a woman either already has, or whether or not a woman at least *should* have (or even actually gain) a right to simply do as only *she* pleases in relation to a gestating fetus inside her. For example, and to get away from all the foolish arguing about abortion:

Should a pregnant woman have a right to fly at any time of her own choosing even though doing so could cause harm to her and/or to her fetus as well as causing trauma for other passengers on the plane when she becomes a medical emergency simply because she insisted on flying even though her baby is/was due at any time?

See, if we are going to say a woman has a right to do as she pleases while pregnant, then let us do so without getting into all the rucus about whether or not that includes a right to have the child pulled from her womb just far enough to have its brains sucked out in order to assure it is still-born.

If we are going to talk about a right to kill and/or to murder, then let us do so without distractingly dragging pregnant women into the mix.

Hey, this is actually a pretty lucid post. Awesome.


Not particularly awesome. It demands that a pregnant woman be put under state supervision immediately after it is confirmed she is impregnated to make sure she does not do anything in any way that might be deleterious to the fetus. That type of subjugation is typical of imprisonment and sounds idiotic. And, of course, restricts totally any early abortion or perhaps even some birth control.



leejosepho
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27 Mar 2010, 7:38 am

So here is the original question:

LiberalJustice wrote:
Do you think pregnant women should be obligated to undergo medical treatment for the sake of their fetuses?


Or, should any of us ever be required or expected or even simply asked to do anything for the sake of anyone?

Or, should we each and all simply be allowed to dispense with anyone we might find a bit too demanding or needy?

The question is not about whether a fetus can fend for itself, the question is whether any of us have any obligation toward it.


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leejosepho
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27 Mar 2010, 7:40 am

Sand wrote:
It demands that a pregnant woman be put under state supervision immediately after it is confirmed she is impregnated to make sure she does not do anything in any way that might be deleterious to the fetus. That type of subjugation is typical of imprisonment and sounds idiotic. And, of course, restricts totally any early abortion or perhaps even some birth control.


Nobody here has suggested any such thing!


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ruveyn
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27 Mar 2010, 7:41 am

leejosepho wrote:

Or, should any of us ever be required or expected or even simply asked to do anything for the sake of anyone?



Only if obliged under a genuine contact. And puhleeeeze, no Social Contract nonsense. Thank you.

In the absence of a contract there are no positive duties, with the possible exception of caring and protecting one's offspring which one has brought into the world.

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Sand
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27 Mar 2010, 8:56 am

leejosepho wrote:
Sand wrote:
It demands that a pregnant woman be put under state supervision immediately after it is confirmed she is impregnated to make sure she does not do anything in any way that might be deleterious to the fetus. That type of subjugation is typical of imprisonment and sounds idiotic. And, of course, restricts totally any early abortion or perhaps even some birth control.


Nobody here has suggested any such thing!


You are suggesting that a pregnant woman has an obligation to participate in behavior that will not endanger a fetus in any manner whatsoever and that cannot be guaranteed without very strict supervision.



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27 Mar 2010, 10:15 am

Such as i have seen in this showcase regarding two people from Quebec (Sherbrooke) seeking a surrogate mother (thanks to the internets for that one <.<) because the missus had a cancer after having her first child (and obviously they wanted another -.- greedy parents) and thus couldn't have her second. They went to India to have a woman there bear her eggs and her baby during the time of the woman's pregnancy.

Apparently, they get paid only 1/3rd of the whole deal (and that's if the baby comes to term, is healthy, etc.), and also, their movement seems rather restricted, as they were confined to a building with nothing more for personnal space than their own makeshift bed, a guard was posted at the front of the house to ensure none of the women would attempt to flee. Nonetheless, the women still said they were "happy" but i can't help but wonder. =/

(the whole thing is detailed in the show called "Une heure sur Terre" (roughly translated to "One hour on Earth"), last weekend's)



you_are_what_you_is
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27 Mar 2010, 11:27 am

No.



visagrunt
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27 Mar 2010, 11:37 am

ruveyn wrote:
Only if obliged under a genuine contact. And puhleeeeze, no Social Contract nonsense. Thank you.

In the absence of a contract there are no positive duties, with the possible exception of caring and protecting one's offspring which one has brought into the world.

ruveyn


If you are speaking from a legal context, you are quite incorrect, ruveyn, since the duty of care is well established at Common Law, and lies at the heart of the law of negligence. Unlike other torts, which are restrictive (don't assault someone, don't tresspass on their property), negligence arises from a positive duty to exercise care and prudence where inury to others is foreseable.


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27 Mar 2010, 3:52 pm

visagrunt wrote:
LKL wrote:
Police officers can also order the collection of evidence from a person's body without their consent. For example, they can require blood to be drawn from someone suspected of a DUI even if that person declines.


I cannot speak authoritatively on the state of the law in your jurisdiction, but I can state categorically that this is not the case in Canada. This would be held to be a most egregious transgression of the subject's right to be free from unreasonable search and seizure. I would be astonished if it were not found to be so in all jurisdictions in the United States, as well.

If a suspect refuses consent to the taking of a blood sample in Canada, police apply to a provincial court judge for a telewarrent. They are required to present their reasonable grounds for belief to a judge, and satisfy the judge as to the propriety of a warrant.

Once there is a requirement of an application to a higher authority (even on an ex parte basis) this is no longer a matter within the discretion of the police officer.


I spoke with personal knowledge wrt. this issue. I work in a hospital, and have been *ordered* by police officers to withdraw blood from a DUI suspect, and informed by them that he did not have the legal right to refuse.



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27 Mar 2010, 4:15 pm

leejosepho wrote:
A woman does *not* cease to have any previously-held right simply because she is pregnant. So, that is not the question here.


Actually, it is. The question is whether or not a woman should be legally obliged to submit to medical care while pregnant that she would be legally free to refuse while not pregnant.

Quote:
The question here is whether or not a woman either already has, or whether or not a woman at least *should* have (or even actually gain) a right to simply do as only *she* pleases in relation to a gestating fetus inside her. For example, and to get away from all the foolish arguing about abortion:

Should a pregnant woman have a right to fly at any time of her own choosing even though doing so could cause harm to her and/or to her fetus as well as causing trauma for other passengers on the plane when she becomes a medical emergency simply because she insisted on flying even though her baby is/was due at any time?


Are you suggesting that a woman should be held criminally responsible for any 'trauma' to other passengers if she should go into labor, and for possible harm to her z/e/f, for flying while pregnant?
How about someone with malignant hypertension - should they be refused air passage for fear of the 'trauma' to other passengers having to witness a full code on the airplane?

Let's extend that. Should a woman have the right to choose to give birth at home, an hour's drive from any hospital, with only a lay midwife in attendance, even though doing so puts both herself and the fetus at risk and risks causing trauma for all of the family members who would potentially have to witness a medical emergency? And before you go off on how birth is natural and problems don't occur, I've seen women with permanent brain damage from choosing this and have heard several first-hand accounts from Paramedics who have seen newborns die from this. I also have a friend who would have bled to death with her third child if she hadn't had an OR five minutes down the hall to do an emergency hysterectomy for an abruption of the placenta.

Should a woman legally be allowed to have a doctor implant her with eight embryos, and carry the entire litter to term in one gestation?

Disagreeing with someone else's medical decisions does NOT give you the right to legally force your judgment upon them, regardless of their gender or incubatory state.

Quote:
See, if we are going to say a woman has a right to do as she pleases while pregnant, then let us do so without getting into all the rucus about whether or not that includes a right to have the child pulled from her womb just far enough to have its brains sucked out in order to assure it is still-born.


You don't want to talk about abortion? Fine. If you don't extend the discussion towards abortion again, I won't either.

Quote:
If we are going to talk about a right to kill and/or to murder, then let us do so without distractingly dragging pregnant women into the mix.


No one (except you) has brought up a right to murder. We were talking about abortion.



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28 Mar 2010, 9:17 am

DentArthurDent wrote:
leejosepho wrote:

I certainly knew some folks would say that, but that was not the point of my comment. I once heard the story of someone who had actually survived an abortion, and her feelings were much different.


Firstly EVIDENCE PLEASE, if you are talking about Gianna Jessen, I hardly think 31 weeks equates to attempted abortion, more like attempted murder. And I take offence at your dismissive attitude toward my post. No I did not survive an attempted abortion, but I certainly have discussed the fact openly with my parents that I was nearly aborted, and yet you choose to give very little credence to my views on the matter, but then what should I expect from someone who by their own admission " once forced (insisted upon) an abortion a woman did not want to have"


My effort to remain in focus on a given question does not include being consciously dismissive, but I do apologize for not anticipating your sense of offense. Some people wish they had never been born, some accept it as having been unavoidable, and I once heard the story of a scarred someone who was grateful to have survived an abortion. Hence, we once again can only find feelings insufficient for deciding a matter.

ruveyn wrote:
In the absence of a contract there are no positive duties, with the possible exception of caring and protecting one's offspring which one has brought into the world.


So that I do not foolishly assume anything here: Do you mean to suggest a possible exception only exists outside the womb?


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PLA
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28 Mar 2010, 2:54 pm

Sand wrote:
leejosepho wrote:
Sand wrote:
It demands that a pregnant woman be put under state supervision immediately after it is confirmed she is impregnated to make sure she does not do anything in any way that might be deleterious to the fetus. That type of subjugation is typical of imprisonment and sounds idiotic. And, of course, restricts totally any early abortion or perhaps even some birth control.


Nobody here has suggested any such thing!


You are suggesting that a pregnant woman has an obligation to participate in behavior that will not endanger a fetus in any manner whatsoever and that cannot be guaranteed without very strict supervision.

In some cases, the conveniently available supervision ought to be enough, though. In the example of public air travel, I believe it would be technically achievable to filter out the vast majority of mid-to-late-pregnancy passengers.


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28 Mar 2010, 3:48 pm

So you honestly think that the daddy state should look over pregnant women's shoulders and prohibit them from flying during their third trimester?



PLA
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28 Mar 2010, 4:05 pm

LKL wrote:
So you honestly think that the daddy state should look over pregnant women's shoulders and prohibit them from flying during their third trimester?

Who - me? Nah.


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leejosepho
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28 Mar 2010, 7:01 pm

Sand wrote:
You are suggesting that a pregnant woman has an obligation ...


I am neither saying nor suggesting any such thing.

I am only saying it is insane or ridiculous or whatever else to say it is okay to abort at will simply because a fetus is alleged to have no rights. If we are going to simply abort at will, let us please find some other justification for doing so!


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Sand
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28 Mar 2010, 7:25 pm

leejosepho wrote:
Sand wrote:
You are suggesting that a pregnant woman has an obligation ...


I am neither saying nor suggesting any such thing.

I am only saying it is insane or ridiculous or whatever else to say it is okay to abort at will simply because a fetus is alleged to have no rights. If we are going to simply abort at will, let us please find some other justification for doing so!


Basically what you are demanding is that a fetus' rights be made equivalent to or greater than the rights of the future mother. I do not regard a fetus that may be only a few cells equivalent to a fully developed human. A potential human is no more a human than regarding that the since we all will be dead some day we are all potential corpses and must be regarded as dead bodies. Potentials are not actualities.