Tuesday, September 6, 2011

Abortion Not in my Criminal Code

Abortion Not in my Criminal Code


Abortion should be kept out of the Criminal Code

      Abortion, termination of pregnancy before the fetus is capable of independent life.
When the expulsion from the womb occurs after the fetus becomes viable (capable of
independent life), usually at the end of six months of pregnancy, it is technically a
premature birth.

The practice of abortion was widespread in ancient times as a method of birth control.
Later it was restricted or forbidden by most world religions, but it was not considered an
offense in secular law until the 19th century. During that century, first the English
Parliament and then American state legislatures prohibited induced abortion to protect
women from surgical procedures that were at the time unsafe, commonly stipulating a
threat to the woman's life as the sole ("therapeutic") exception to the prohibition.
Occasionally the exception was enlarged to include danger to the mother's health as well.
 
      Legislative action in the 20th century has been aimed at permitting the termination
of unwanted pregnancies for medical, social, or private reasons. Abortions at the woman's
request were first allowed by the Soviet Union in 1920, followed by Japan and several
East European nations after World War II. In the late 1960s liberalized abortion
regulations became widespread. The impetus for the change was threefold: (1) infanticide
and the high maternal death rate associated with illegal abortions, (2) a rapidly expanding
world population, (3) the growing feminist movement. By 1980, countries where
abortions were permitted only to save a woman's life contained about 20 percent of the
world's population. Countries with moderately restrictive laws-abortions permitted to
protect a woman's health, to end pregnancies resulting from rape or incest, to avoid
genetic or congenital defects, or in response to social problems such as unmarried status
or inadequate income-contained some 40 percent of the world's population. Abortions at
the woman's request, usually with limits based on physical conditions such as duration of
pregnancy, were allowed in countries with nearly 40 percent of the world's population.1

      Under the Criminal Code. R.S.C. !970, c.C-34,  abortion constitutes a criminal
offense.  Section 159(2)(c) makes it an offense to offer or have for sale or disposal, to
publish or advertise means, instructions or medicine intended or represented to cause
abortion or miscarriage.  Section 221(1) makes the act of causing death to a child who has
not become a human being, in the act of birth, equivalent to murder.  Abortion constitutes
an indictable  offense under s. 251 of the Code whenever a person uses any means to carry
out the intent to procure a miscarriage of female person, whether she is pregnant or not.
Section 251(2) makes any female attempting to procure a miscarriage by any means guilty
of an indictable offense.  Section 251(4) allows permission for a therapeutic abortion to be
obtained from a competent committee, fulfilling strict regulations, with the operation
performed by a qualified physician.  However, the common-law defense of necessity is
theoretically available for a surgical operation performed for the patient's benefit. 2

      Until 1988, under the Canadian Criminal Code,  an attempt to induce an abortion
by any means was a crime.  The maximum penalty was life imprisonment , or two years if
the woman herself was convicted.  The law was liberalized in 1969 with an amendment to
the  Criminal  Code allowing that abortions are legal if performed by a doctor in an
accredited hospital after a committee certified that the continuation of the pregnancy
would likely endanger the mother's life or heath.  In 1989, 70 779 abortions were reported
in Canada, or 18.0 abortions per 100 live births. 3


      Henry Morgentaler is a major abortion supporter.  Dr. Morgentaler was one of the
first Canadian doctors to perform vasectomies, insert IUDs and provide contraceptive pills
to the unmarried.  As president of the Montreal Humanist Fellowship he urged the
Commons Health and Welfare Committee in 1967 to repeal the law against abortion.  To
draw attention to the safety and efficacy of clinical abortions, Morgentaler in 1973
publicized the fact that he had successfully carried out over 5000 abortions. When a Jury
found him not guilty of violating article 251 of the Criminal Code the Quebec Court of
Appeal (in Feb 1974), in an unprecedented action, Quashed the jury finding and ordered
Morgentaler imprisoned.  Though this ruling was upheld by the Supreme Court a second
jury acquittal led Ron Basford, minister of justice, to have a Criminal Code amendment
passed, taking away the power of appellate judges to strike down acquittals and order
imprisonment's.  After a third jury trial led to yet another acquittal all further charges were
dropped.  In Nov 1984 Morgentaler and 2 associates were acquitted of conspiring to
procure a miscarriage at their Toronto clinic.  The Ontario government appealed the
acquittal; the accused appealed to the Supreme Court of Canada, which struck down the
law in early 1988 on the basis that it conflicted with rights guaranteed in the Charter. 4

       The Charter guaranteed a woman's right to the security of her person.  The  Court
also found that this right was breached by the delays resulting from the therapeutic
abortion committee procedures.  In May 1990 the House of Commons approved (140-
131) a new law that would put abortion back into the Criminal Code, allowing abortions
only if a doctor determined that a woman's health was threatened by her pregnancy.  The
bill died in the Senate in Jan 1991. 5

      In the case of Campbell v. Attorney-General of Ontario (1987) the allegations in
the statement of claim that the effect of the stay was to deny s.7 and s,15 rights to unborn
children aborted or about to be aborted support a reasonable cause of action.  The law
does not regard unborn children as independent legal entities prior to birth, so that it is
only at birth that independent legal rights attach.  Unborn children therefore do not enjoy
any Charter rights. 6

      The problem with s.251 is that it takes the decision away from the woman at all
stages of her pregnancy.  Balancing the state's interest in a protection of the fetus as
potential life under s.1 against the rights of the pregnant woman under this section
requires that greater weight be given to the state's interest only in the later stages of
pregnancy.  7

      Abortion is a divisive social  issue, condemned by some groups and supported by
others as a moral issue to be decided by individuals, not the state. 8  It is complicated for
the government to balance both sides of the issue.  Not everyone can be unconditionally
content.  The government has to decide on what is fair and what is morally right.  The
Charter guarantees the right to life, liberty and security of the person and the right not to
be deprived thereof except in accordance with the principles of fundamental justice.  A
woman, pregnant or not, has the right to control her own life and destiny.  She also has
the right to make her own choices about what affects her.  A woman has the right to feel
secure in having an abortion, and feel secure about her own health.  A woman's body is
her own.  What she does with it is her own business.  An unborn child does not have the
ability to think for itself, so the mother must think for it.  It may show life signs but it is
not conscious and has no reasoning.  It is not up to someone else to decide what is right
and what is wrong for another individual.  Who are we to tell someone else what to do or
think. 

      For an example, if a teenage girl is pregnant, what kind of a life could she offer the
child?  Teenagers can barely take care of themselves, not to mention a baby.  It would
benefit everyone involved if the abortion option is openly present.  It is hard enough to be
a teenager without others judging your opinions and choices.

      It is understandable that people do not agree that abortion should be a choice for a
woman.  They may not understand what the woman may be struggling with mentally and
or physically.  The government should have little control over this issue.  They should
monitor people to make certain that abortion is not used as a contraception, for this may
be endangering the health of a woman.  With world overpopulation, keeping the abortion
law out of the Criminal Code may benefit the entire planet.  It's a sad way of looking at it
but  people have to face reality.

      PERSONAL  THOUGHT

      People who protest against abortion have nothing better to do.  They protest only
when their favorite talk show is not on the mind controller they call television.  If this
statement is going to cost me any marks, please disregard.  THANK  YOU!

ABORTION: Debatable subject of controversy in the United States


ABORTION

    During the past quarter century, abortion has joined race and war as
one of the most debatable subject of controversy in the United States. It
discusses human interaction where ethics, emotions and law come together.
Abortion poses a moral, social and medical dilemma that faces many
individuals to create a emotional and violent atmosphere. There are many
points of view toward abortion but the only two fine distinctions are
"pro-choice" and "pro-life". A pro-choicer would feel that the decision to
abort a pregnancy is that of the mothers and the state has no right to
interfere. A pro-lifer would hold that from the moment of conception, the
embryo or fetus is alive. This life imposes on us a moral obligation to
preserve it and that abortion is tantamount to murder (Kolner 5).

    In the United States about 1.6 million pregnancies end in abortion.
Women with incomes under eleven thousand are over three times more likely
to abort than those with incomes above twenty-five thousand. Unmarried
women are four to five times more likely to abort than married and the
abortion rate has doubled for 18 and 19 year olds. Recently the U.S. rate
dropped 6 percent overall but the rate of abortion among girls younger than
15 jumped 18 percent. The rate among minority teens climbed from 186 per
1,000 to 189 per 1,000.

    The most popular procedure involved in abortions is the vacuum
aspiration which is done during the first trimester (three months or less
since the women has become pregnant). A tube is simply inserted through the
cervix and the contents of the uterus are vacuumed out. The most commonly
used type of second trimester abortion is called dilation and evacuation.
Since the fetus has bones, bulk and can move, second trimester is not as
simple. When as much of the fetus and placenta are vacuumed out then
tweezers are used to remove larger parts. After this, or the beginning of
the fifth month abortion is serious and actually induced as childbirth.
That is, the mother is given substances which puts her into labor and
delivers the fetus as she would a full-term baby. About 40 percent of
Americans believe that abortion should remain legal and 40 percent believe
it should be banned except when the pregnancy threatens the life of the
mother or is the result of rape or incest. Also 15 percent b eveit should
be illegal in all cases. Although abortion is regarded as a women's right,
it should be banned with exceptions because it's considered murder, has
many psychological side effects and there is an alternative.

    Abortion is a women's own right and choice. In 1973 the Roe v. Wade
decision proved this by recognizing abortion as a fundamental constitution
right and made it legal in all states. The law now permits abortion at the
request of the women without any restrictions in the first trimester and
some restrictions in the second trimester to protect the women's health.
The National Abortion Right Act League argues that without legal abortion
women would be denied their constitutional right of privacy and liberty.
The women's right to her own body subordinates those of the fetus and the
U.S. Supreme Court in Roe v. Wade argued that the women's "right to
privacy" overruled the     fetus's right to life. If abortion was illegal
it would force poor women to bear and raise children they can't afford to
bring up. There would be a number of unsafe abortions in back allies. It
would also force women to give up their dreams and stay home  to bring up
babies. Worst of all, it would condemn victims o apeand incest to carry and
nurture the offspring of their rapist.(Kolner 5) Abortion is necessary for
women to have control over their own bodies and life. One activist said,
"If I hadn't had that abortion my life would have been a disaster. I
wouldn't have made it to medical school. I was married at that point to a
very ill man and it would have been terrible to have to have my baby.
People who need abortions are in some kind of turmoil and it's really a
life-saving thing."(Blender 4) To ignore the rights of others is selfish
and injustice. Women must have the right to control the functions of their
own bodies. Revern George Gardiner pastor of the college Hill United
Methodist Church, told the council that the ordnance would have done little
good. "Young women need the freedom to make choices for their reproductive
life when their family can't guarantee them parental support."(Lynn B6-7)
Women should not be forced to have babies they don't want. They must be
able to decide what happe ns to them and have a safe plus legal way of
doing so. Women are in control of their own bodies and lives. Legislators
have no right to interfere. The practical assertion that since pregnancy
involves a women's body, the choice of continuing that pregnancy must be
hers alone. This was the first given buerful theoretical articulation and
defense by Judith Thomson.(meilander 3)

    However, abortion is considered murder by half of all Americans.
Pro-lifers believe that human life begins at the moment of conception. When
the merge of the egg and sperm is complete, they are  fertilized and known
as the "zygote". The zygote contains a full set of 46 chromosomes which is
required to create a human life. Scientists identify that at the moment of
fertilization the ovum takes on a entirely different destiny, life. About
15,000 genes from the sperm and ovum form a unique combination. This is
nothing less than a new human life at its earlier stage of life. In the
United States many infants will not make it to puberty, old age or even
their second birthday. Just because of their shortened life, it doesn't
mean that it never existed. Dr. Nathanson stopped preforming abortions
after becoming aware of the horrors he observed. "A woman has the right to
go to bed with who she wants, but she can not choose death for her child.
It's a direct violation of human rights." (Koval i grid c-7) Anthony
Simpson has a photo of a aborted fetus and believes that abortion is
nothing less but ruthless murder. In southern Kentucky, Robert Hollis
brutally assaulted his wife in effort to abort the fetus he suspected
wasn't his. He successfully did so and Caroll believed Hollis set out
intentionally to kill that fetus and that is in fact murder. Kristina Kleg
a graduate from high school has recently become pregnant and decided
against abortion. She feels that it's an innocent child inside of her. It
has a brain and a heart therefore it also has a right to life. "Abortion is
the unnatural end of pregnancy. That child has a right to life that is
equal to the mothers right. One cannot kill another human being just
because they wished it wasn't around. Abortion is murder of the innocent
practiced on a national scale." (Abortion: The Personal, Medical and Social
Dilemma) Overall it has been proven that the fetus is a real person. It
responds to noise, has feeling and fears. To h ave an abortion it will
destroy an innocent life which is directly connected to murder.

    Scientific research has successfully shown that abortion causes many
psychological side effects. It leaves the woman with many strong feelings
about their desicion. They feel sadness, wishing things could have been
different and grief for a lost life. Guilt arises because they know a fetus
represents an independent life. Anger builds up towards other people having
to do with their desicion. Sometimes the mother may feel that she has
infact been abandoned. Most of all the mother feels ashamed and
embarrassed
about her action. People close to the mother may be angry at her for ending
her pregnancy and make it difficult for her to deal with. Even years after
the abortion, women tent to remember the regretful experience. They usually
wonder what the baby would have looked like and its birthday. Thirty-three
year old Michelle Urbain of south Florida has had five abortions so far.
She realizes now that they all left emotional scares her that are
unbearable. "It wasn't just a mass of cell t was children I was killing."
(Kovaleski c-7) It maybe a month or a year but feelings do catch up with
the mother. Symptoms like nightmares, panic attacts and flashbacks are
signs of a recently discovered Post Abortion Syndrome (PAS). According to a
study published by Association for Interdisciplinary Research in Valves and
Social Change, one in five women studied had diagnosable stress disorders.
(Lyons d-11) Also two in five had sleep disorders and flashbacks following
abortion.