Analyzing Abortion: A Case Study on Ethical and Legal Framework

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Added on  2023/04/23

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Case Study
AI Summary
This case study analyzes the abortion law in the United States, focusing on the ethical principles involved. It centers on a scenario where a woman, Sheila, considers abortion due to potential health issues with the fetus. The analysis reviews the legal framework, particularly the Roe v. Wade case and the 14th Amendment, highlighting the varying state restrictions on abortion. Ethically, it discusses the conflict between the moral considerations of terminating a pregnancy and the circumstances where abortion may be acceptable, such as protecting the woman's life or in cases of severe fetal health risks. The conclusion supports the permissibility of abortion in limited cases, aligning with both legal allowances and specific ethical justifications related to the well-being of the pregnant woman and the fetus.
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Case Study on Abortion and Its Ethical Principles
Case Study on Abortion and Its Ethical Principle
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Case Study on Abortion and Its Ethical Principles
Executive Summary
The solution contains an analysis of the abortion law of United States of America with the help
of a case study. The assignment lay emphasis on the current abortion law existing in the United
States of America. Apart from that the assignment is based on the assumption that Abortion is
permissible in a limited number of cases considering the current situation of the pregnant
woman.
Table of Contents
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Case Study on Abortion and Its Ethical Principles
Topic: Abortion is permissible in a limited number of cases.......................................................................3
Issue........................................................................................................................................................3
Law..........................................................................................................................................................3
Ethical Principle......................................................................................................................................4
Conclusion...............................................................................................................................................4
Reference.....................................................................................................................................................4
Topic: Abortion is permissible in a limited number of cases
Issue
Analysis of the case study suggests that Sheila wanted to abort her unborn foetus as they are
suffering from a life threatening disease. Apart from she is also of the opinion that it will be
difficult to raise children with life threatening diseases she has seen her sister Anita suffering
from the same disease and difficulties of Anita. Here, the question arises if it is morally correct
to abort the child and what does the law says regarding such abortion cases.
Law
As per the interpretation of current judicial constitution of United States in respect of abortion in
the United States of America, abortion is legal in United States of America. However, it is
restricted by the states according to the variation of degrees. The states of United States of
America have passed the law with regard to the restriction of abortion in terms of late term
abortions, when there is requirement of parental notification in case of pregnancy of a minor,
disclosure of facts with regard to the risk of abortion etc. The current abortion law of United
States of America is based on the landmark case and judgment of Supreme Court of in the case
of Roe v. Wade in the year 1973 in United States of America. (Kliff, 2016)
As the 14Th Amendments of US Constitution, it is mentioned that every person born in the United
States of America will be considered as the citizens of United States in which they reside, No
state has the right to enforce any law which violates the privileges of the citizens of the country
or can deprive any person for property, life and liberty without any specific law. The states
cannot restrict to any person for the equal protection of law in any case. (Beale, 2018)
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Case Study on Abortion and Its Ethical Principles
Apart from that as per the official report of the US Senate Judiciary Committee which was issued
in the year 1983 considering the Human Life Amendment, there is not specific legal restriction
for any kind whatsoever permits today in United States of America; a woman can adopt abortion
for different reasons during or at any time of pregnancy. (Institute, 2019)
Ethical Principle
Considering the moral and ethical principle of abortion, it should not be considered as morally
correct to terminate the pregnancy before the birth of the child as most of the people think that
abortion is a wrong concept. On the other hand, there are also people who think that in specific
circumstances abortion is normally acceptable. (Beale, 2018)
Generally, abortion is done to protect the life of the woman in most of the cases. Abortion can be
done within 24 weeks of pregnancy. Abortion is morally correct in case the pregnancy is
happened due to rape. Apart from if there is a risk health of pregnant woman or the fetus.
Abortion is legally acceptable for saving the life of the pregnant woman in 98% cases, as stated
by the State Health Case. (Snead, 2018)
Conclusion
As per the law of United States of America, she can go for an abortion which is legally
permissible. According to ethics, abortion is not justified. However, as explained earlier,
Abortion is morally correct in case the pregnancy where there is risk of life to the fetus. (News,
2018)
Here, Sheila is also of the opinion that it will be difficult to raise children who has been suffering
from a serious disease. In this case, she can abort the children. Basing on the facts of the case, it
can be concluded that abortion is permissible in a limited number of cases as that of the case of
Sheila. (Kliff, 2016)
Reference
Beale, C. (2018). These are the countries where it's still illegal to get an abortion . Retrived from
https://www.weforum.org/agenda/2018/05/the-many-countries-where-abortion-still-banned/
Institute, G. (2019). An Overview of Abortion Laws . Retrived from
https://www.guttmacher.org/state-policy/explore/overview-abortion-laws
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Case Study on Abortion and Its Ethical Principles
Kliff, S. (2016). 10 facts that explain how America regulates abortion . Retrived from
https://www.vox.com/2015/5/13/18094152/abortion-policy-in-america
News, B. (2018). US judge blocks Mississippi 15-week abortion ban . Retrived from
https://www.bbc.com/news/world-us-canada-46282175
Snead, C. (2018). Abortion in the US: Actually, its laws are among the world’s most permissive
Retrived from https://www.irishtimes.com/opinion/abortion-in-the-us-actually-its-laws-are-
among-the-world-s-most-permissive-1.3459718.
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