Abortion – arguments for Tania Rahman

History of abortion 1803 The Ellenborough Act 1861 The Offences Against the Person Act 1929 Infant Life Preservation Act 1936 The Abortion Law Reform Association 1967 The Abortion Act The first reference to abortion in English law appeared in the 13th century. The law followed church teaching that abortion was acceptable until ‘quickening’ - when foetal movements first felt 16-20 weeks, as it was thought that this was when the soul entered the foetus. The legal situation remained like this for centuries. In 1803 The EA was made which said that abortion after quickening carried the death penalty. 1837 – the distinction between abortion before and after quickening was removed. OAPA – life imprisonment for performing or attempting abortion even when performed for medical reasons ILPA – amended this and stated that a viable foetus (thought to be from 28 weeks onwards) could be aborted if the mother’s life was at risk (was not clear if this was acceptable in a non-viable foetus) 1930s – women groups and MPs became concerned about the great loss of life and damage to health resulting from unsafe abortion ALRA – aim was to campaign for the legalisation of abortion 1938 Dr Alex Bourne acquitted for performing illegal abortion in 14 year old gang raped suicidal girl where it was agreed this was a life threatening situation. Some women could get safe abortion after this but it was still uncertain as needed psych approval. –educated/wealthy women who could do this. 1950s support for ALRA and reform grew 1967 – abortion legalised under certain conditions 1975 The National Abortion Campaign established to protect the 1967 Act as there were a number of attacks on the Act from womens groups and other pro choice groups 1990 legal time limit reduced from 28 to 24 weeks

Autonomy Woman’s right to decide Freedom of choice Financial/emotional burden Forcing the ‘unwilling to bear the unwanted’ Broader contribution to society than childbearing Respect for the individual and their ability to make decisions with regard to their own health and future, pt has right to choose or refuse Woman as a person – disruption of life, education, work, family, body Delay or end childbearing. Interrupt education/work. Financial or relationship instability Abortion preferable to an unwanted child Gender equality – forced to have child, support child, men cant have children so women’s freedom and life choices are limited Made to feel guilty but conflict is endured in making this decision

Beneficence Best interests of the mother - impact on life and mental state Best interests of the child - quality of life - risk of being unloved/abuse/neglect/ Best interests of society - financial burden - healthcare resources Actions intended to benefit the patient, best interests Abortion Act – abortion is acceptable to save the mother’s life or to prevent grave permanent injury to physical/mental health Rape, incest – rather than forcing a mother to endure the birth of her rapist’s child which could very well detrimental to her and the child eventually (unloved, unwanted, resented, neglected) Access to legal abortion is essential to the physical and mental health of women – banning it puts women in danger Prevent ‘backstreet’ abortions with high number of complications and deaths 20 out of the 46 million abortions performed worldwide are thought to be ‘illegal’ abortions

Non-maleficence Improving lives of others rather than adding burden No specified time limit - most abortions are early Abortion preferable choice to unwanted child -does not lead to increased mental health problems Can the foetus feel pain? Actions intended not to harm patient or others American Psychological Association concluded that induced abortion did not lead to increased mental health problems. Severe negative reactions after abortion are rare, and a higher percentage of women will suffer with postnatal depression Effect on mental health is inconclusive Foetus is not a distinct human being as it is totally dependent on the mother When does it feel pain – not until 7th month – may be impossible to know Abortion at late gestations ?? Most people who accept abortion are ok with it in early stages but are less sure in later stages especially if it is ‘viable’, most are done for health reasons Some seek help very late (rape/ashamed/dont know)

Justice Does a foetus have rights? If so, when? Is the foetus a person? Effect on society Unwanted children Not discriminating against the disabled Planned parenthood - abortion the ‘responsible choice’ Being fair or just to the wider community in terms of the consequences of an action Distribution of scarce health resources When does life begin - uncertainty Foetus is innocent and biologically human it is not a person with a right to life Personhood at conception is a religious belief not a provable biological fact Markers of personhood – consciousness (at least ability to feel pain), self-awareness, reasoning, ability to communicate – do not need all of these to qualify as a person – foetus only satisfies consciousness Crime, deprivation, large families unemployed on benefits etc etc If there was a choice nobody would willingly choose it for themselves. - give up your whole life – job, relationships under strain, total commitment required. Not anti-disability – not discriminating against disabled people or the value of their life – it is just women saying what they feel they will be able to cope with & what they want – that children should be wanted, parents should be able to support them & be willing to make sacrifices for them (not be forced to) –