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Reproductive Rights Rels 300/Nurs 330 4 November 2015 300/330 - appleby1 http://www.gfmer.ch/srr/images/srr-home.jpg
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Do you agree? Do individuals/couples have a right to reproduce? Is this a universal human right, like the right to life? If there is a universal right to reproduce, who has the corresponding duty to ensure procreative fertility rather than infertility? Do persons have a right to biological offspring? Do persons have a right to parenthood? Reproductive rights 300/330 - appleby2
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Liberty to choose one’s own life goals and values Right to have communal support in the pursuit of one’s goals Right to any and all required assistance to achieve one’s goals Freedom to … Positive or Welfare Rights Liberty to choose one’s own life goals and values Right to be free from interference in the pursuit of one’s goals Right not to be prevented from achieving one’s goals Freedom from … Negative or Liberty Rights 2 sorts of human rights 300/330 - appleby3
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Freedom from: Negative Reproductive Rights 300/330 - appleby4
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Freedom to: Positive Reproductive Rights 300/330 - appleby5
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John Robertson, p.182: Reproductive choices are “central to personal identity, to dignity, and to the meaning of one’s life” Procreative decisions are personal, individual, and should be made by autonomous choice People should not make moral judgements about the autonomous choices of others The state should not interfere with these choices UNLESS UNLESS there is evidence that substantial harm would result from one’s choice “The Presumptive Primacy of Procreative Liberty” 300/330 - appleby6
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According to Robertson, “those who would limit procreative choice have the burden of showing that [one’s] reproductive actions” would result in tangible & substantial harms Procreative Liberty and Harms 300/330 - appleby7 What sorts of potential harms might there be? Who might be vulnerable to being harmed by procreative choices and reproductive technologies?
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Murray, p.185: The concept of procreative liberty functions within a cultural context which: emphasizes individual autonomy values independent exercise of rights, personal choice and control favours freedom from limitations imposed by others collaborates with others by means of contractual rights and obligations is comfortable with interactions that resemble the marketplace – property ownership, buying & selling raw materials and products, and providing services The desire and choice to have children is a choice to initiate a very special relationship which is inconsistent with market values. (Murray) Conceptual context for understanding liberty rights 300/330 - appleby8
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Procreative liberty promotes individual autonomy and freedom from interference From a bioethics perspective, autonomy must also be balanced with attention to beneficence Contributing to the well-being and benefit of potential parents, infants, and donors Also by non-maleficence Ensuring that risks are minimized and harms are avoided for participants And by justice fair and equal opportunities & treatments that are provided in an equitable manner without bias or discrimination Limitations on Autonomy? 300/330 - appleby9
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Whose personal dignity and autonomy are promoted or harmed? What are the potential benefits of reproductive technologies? Who are the beneficiaries? What are the potential risks and harms of reproductive technologies? Who is most likely to be harmed? Are there justice issues in the provision of reproductive services? Issues of fairness, equality, equitable access? Evaluating reproductive technologies 300/330 - appleby10
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