Preventing prenatal harm: should the state intervene by Deborah Mathieu

By Deborah Mathieu

Arguing that the kingdom needs to meet strict stipulations to justify interfering in at-risk pregnancies, Deborah Mathieu examines the criminal and moral issues that come up whilst governments mandate the habit of pregnant ladies. She explores either the pregnant woman's correct to choose what occurs to her physique and the long run kid's correct to be shielded from avoidable harm. Mathieu addresses such themes as reproductive dangers within the office, mandated fetal remedy, compelled way of life adjustments for pregnant ladies, and the long run kid's correct to sue for loss of prenatal care. the talk increases key problems with rights, tasks, and the scope of valid country motion, therefore posing primary demanding situations to the fields of drugs, biomedical ethics, legislation, and public coverage. This version has been thoroughly up-to-date and extended. Mathieu offers new arguments for applicable different types of kingdom intervention and offers particular examples. This version additionally contains fresh court docket judgements, in particular instances concerning substance abuse. The publication contains either an up-to-date bibliography and an up to date reference checklist of appropriate proceedings.

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17. W. A. Bowes and B. Salgestad, "Fetal Versus Maternal Rights: Medical and Legal Perspectives," Obstetrics and Gynecology 58, pp. 20914, 1981. 18. "When the Courts Take Charge of the Unborn," New York Times April 27, 1983, p. A18. 19. "Pregnant Teen Held for Safety of Fetus," St. Paul Pioneer Press and Dispatch, Aug. 16, 1985, p. A3. 20. Becker, Hastings Constitutional Law Quarterly, 1991; V. C. Judge Jails Woman as Protection for Fetus," Washington Post, July 23, 1988, A1 and 8; M. Curriden, "Holding Mom Accountable," ABA Journal, 5153, 1990.

A fetus who cannot properly metabolize biotin (vitamin H), for example, can be given large doses of the vitamin to control this potentially fatal genetic disorder. 11 Even premature birth, one of the major causes of morbidity and mortality in the newborn period, can be prevented in many instances. 12 Medical researchers have also made significant progress in their ability to intervene surgically in the development of potentially devastating genetic defects, thus preventing the harmful effects of these defects from being fully realized.

19 Social costs are not, however, the main reason for denying the fetus any significant rights. This position is also based on the reasonable belief that the fetus is not the sort of being to whom rights naturally accrue. But this view has been under attack for years. Opponents claim that a fetus should be recognized as having many of the same rights as other human beings. It is time, they argue, to alter the law to reflect the normative view of the fetus as a member of the moral community and a bearer of rights.

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