Sex Selection Issue in Canada

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This article discusses the ethical problem of sex selection in Canada, where male foetuses are preferred over female, leading to gendercide. It explores the history of gender selection, legislation, and policies required to regulate this practice. The article also examines the effectiveness of current measures and the role of education in eradicating this issue.

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Running head: SEX SELECTION ISSUE IN CANADA 1
Sex Selection Issue in Canada
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SEX SELECTION ISSUE IN CANADA 2
Sex Selection Issue in Canada
Sex or gender selection in Canada is becoming one of the ethical problems in Canada
where male foetuses are being preferred than the female leading to gendercide. The issue can be
classified as a form of blatant discrimination against women. Given the history of gender
selection, the century’s old practice is one that cannot easily be dispelled and will require
government legislation, policy implementation, and a review of the incumbent code of ethics of
health care professions, in order to be fully regulated (Ferfolja, Diaz, & Ullman, 2018). The
regulation of gender selection in Canada will prove immediately beneficially by ensuring that a
practice based purely on the basis of a socially-charged belief system can be effectively
abolished. Standard justifications provided for gender selection, sex-selective abortion, and the
all-around practice of feticide have been linked to poverty, traditional and religious beliefs
systems, as well as the influence of the cultural emphasis of “son preference” that is driven by
economic rationale in regions like South-East Asia (Gender and Genetics, 2010). The focus of
this think piece is on gender selection and sex-selective abortion in the country and will adopt the
approach that the former has become a prevalent practice nation-wide despite previous attempt at
legislative regulation.
Common themes associated with the practice of gender selection are gendercide, feticide,
and basic sex selection during IVF, which may provide a “devil’s advocate” approach to the
argument that gender selection is not inherently discriminatory against women (Mahowald,
2018). On one hand, gendercide, which is the genocide of a specific gender group, refers to the
overall genocide of women (femicide). Referring to sex selection, gendercide normally occurs
prior to birth (feticide) but, recent case studies emerging from India, China, and Nepal reveal
gendercide occurring beyond the birth of the fetus (infanticide), with some cases reflecting
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SEX SELECTION ISSUE IN CANADA 3
statistics of victims being as old as 15 years of age. In 2005, “the Lancet”, a medical journal in
Britain, reported that over 10 million female foetuses got aborted in Canada in a 20 year
timeline. This led to a male to female sex ratio of 927: 945 for every 1000 people according to
the 2001 census report (Daryanani, Anita & Purohit, 2016). It is therefore evident that sex-
selective abortion is still a common-place practice in the aforementioned geographical locations
and the previous remedy of education is not proving effective. Stemming from the factor that the
practice is still prevalent, increasing migratory patterns have been established between India,
China, and Canada, which has resulted in the imposed-transplantation of the act nationwide. In
2016, April, a journal from the Canadian Medical Association tabled two related studies about
sex ratio which indicated a close link between sex ratios and induced abortions among infants
that are born to Canadian women raised in India. The conclusion that can be drawn from those
statistics, suggests that sex selection is occurring in this population (Henderson, Sinha, Angelard-
Gontier, Ke, Fried, Lowe, & Pineau, 2018). As a common-place practice in South-East Asia,
gender selection has seen a migration to Canada, through the generational wave of migrant
immigration patterns, however, it is important to note that the practice existed within national
parameters prior to the recent surge of migrant activity but was not as prevalent nor was it
considered a national crisis.
In determining the appropriate approach for abolishing gender selection, the effectiveness
of current measures must be examined. The primary awareness tool for remedying the gender
selection crisis in Canada is education and at present, this has not served as an effective means
for deterrence as is indicative of the current birth ratio. Previous attempts have been made at
establishing a legal basis for prohibiting sex-selective abortion in Canada through case law as
was seen in R. v. Morgentaler, Smoling, and Scott, however, obiter dictum (Judge’s opinion)
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SEX SELECTION ISSUE IN CANADA 4
statements reveal that the provisions of satisfying a therapeutic abortion were in violation of
section 7 of the Canadian Rights and Freedoms Charter and has since been struck down (Kelly,
& Manfredi, 2010). Instead, recent legislation like Canada’s Assisted Human Reproduction Act
has provisions which state: no individual shall “for the purpose human being creation, provide,
administer, perform any procedure or prescribe, any method that is meant to encourage or raise
the probability that an embryo or foetus would be of a preferred sex, or that is intended to
identify the gender or sex of an in vitro embryo or foetus, except in situations that are aimed at
preventing, diagnosing, or treating a disorder or disease that is sex-linked” (Kelly, 2010).
Legislative measures like the AHR Act of 2004 and reference to the CCRF 1982 act as a
mitigating stipulation for the present circumstances, and furthermore, act as a means for
regulation (Daryanani, & Shatini, 2016). Being able to regulate the practice of gender selection
means federal control can be taken of the birth ratio and safe abortion standards can be
reinforced. Despite this, forced and unsafe abortions for the sake of gender selection cannot be
completely ruled out, especially considering the influence of culture and economic rationale
which push for son preference. The use of legislative measures is therefore a shift in the right
direction and can provide a basis from which to amend and create future codes of conducts and
policies that will provide additional safeguarding.
The act utilitarianism school of thought involves an ethical theory of utilitarian which
believes that the actions of an individual or a group of people us morally upright if and only if
the outcomes are considered to be the best possible in response to a specific situation (Frey,
2013).Thus the use of this thought in Canada involves fighting for the best outcome of all
comparing between the practices of sex selection which discriminates against the women and
fighting it using laws and policies. Comparing these two acts, ethical principles has it that both

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SEX SELECTION ISSUE IN CANADA 5
males and females are equal and should be granted the same and equal rights. For instance
gendercide which is practiced in the country is discriminatory on women as it involves killing
female babies before they get born. It can be argued that, the original purpose of creating a
woman as a companion for men was meant to bring out the importance of women in the society.
In this case, both men and women are equally important in live since each has their duties and
responsibilities to play in life. At the same time, abortion and killing of babies before they see
life is against the constitution applied by various nations and God’s purpose of life (Mahowald,
2018). Thus, it can be said that fighting sex discrimination on women is the outcome that best
suits the situation in Canada. The country needs to avoid gendercide and accord both sexes equal
rights such as the right to live. This is what the world seems to fight by encouraging
enlightenment about importance of live to both sexes among the Canadians through education,
policies and laws as given in the constitution. Since education cannot achieve fast positive
outcomes on the sensitization and fight against women, it needs to be backed up by strong and
strict laws or policies against gendercide and other forms of discriminations directed against the
women.
It can be stated that knowledge can be used as the primary tool for initiating change
within society. Education is one of the best supportive measures for the girls and the women
towards their empowerment and will help them to address the causes related to the
discrimination and the inequalities they face in the modern world. There is no way to prevent
gender selection in Canada as it is part of the people’s culture. In response to this statement it
can be summarized that gender section is preventable by the formation of the legislation and the
policy which can be some of the critical tools for the providing the adequate support to the
women so that they can avail their rights (Ferfolja, Diaz, & Ullman, 2018). People will find ways
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SEX SELECTION ISSUE IN CANADA 6
around laws and policies and thus, it can be stated that people always tend to find some
loopholes in the proposed legislation and procedures that have been designed for the promotion
of the gender equality.
I believe that education is the only way to eradicating the ethical issues of gender
selection in Canada. According to Ferfolja, Diaz and Ullman (2018) knowledge is one of the
most effective methods for tackling inequality. It possesses the fundamental tool in the
challenges raised due to the disparity of gender. Education helps in the development of cultural
social, scientific and the personal skills that help in increasing the self-confidence of the women
together with enhancing their capabilities for social participation. Education is thus essential to
break the walls of the ethical challenge of inequality since it not only help women towards the
empowerment of their lives but also educates the men to respect the other gender, thereby
helping n the reduction of the exploitation and discrimination.
From the analysis it can be noted that sex selection is an ethical issue which needs special
attention especially in Canada. Sex or gender selection means choosing the gender of the
offspring with the use of medical techniques. Sex selection encompasses some practices that
include the selection of embryos for implantation and transfer, following IVF, separation of
sperms, and selective termination of a pregnancy. The selection and preferences of gender have
been one of the major ethical problems in Canada. There is a moral concern that gender selection
will devalue women existence by reinforcing discrimination and sexist stereotypes. Education
seems to take quite long to change the situation and thus, other strategies such as the application
of constitutional policies and laws need to back it up.
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SEX SELECTION ISSUE IN CANADA 7
References
Daryanani, A. &, Shatini P. (2016). Attitude Towards Female Infanticide: An Impact of Literacy
Level in Relation to Gender of Post Adolescents. Indian Journal of Community
Psychology. Vol 12, No. 1. Retrieved from:
https://www.questia.com/library/journal/1G1-459075839/attitude-towards-female-
infanticide-an-impact-of.
Ferfolja, T., Diaz, C. J., & Ullman, J. (Eds.). (2018). Understanding sociological theory for
educational practices. Cambridge University Press.
Frey, R. G. (2013). Actutilitarianism. The Blackwell guide to ethical theory, 219-237.
Gender and Genetics. (2010, December 01). Retrieved from
https://www.who.int/genomics/gender/en/index4.html
Henderson, P., Sinha, K., Angelard-Gontier, N., Ke, N. R., Fried, G., Lowe, R., & Pineau, J.
(2018, December). Ethical challenges in data-driven dialogue systems. In Proceedings of
the 2018 AAAI/ACM Conference on AI, Ethics, and Society (pp. 123-129). ACM.
Kelly, F. (2010). An alternative conception: The legality of home insemination under Canada's
Assisted Human Reproduction Act. Can. J. Fam. L., 26, 149.
Kelly, J. B., & Manfredi, C. P. (Eds.). (2010). Contested constitutionalism: reflections on the
Canadian charter of rights and freedoms. UBC Press.
Mahowald, M. (2018). Cultural differences and sex selection. In Globalizing feminist
bioethics (pp. 165-178). Routledge.
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