Legal and Ethical Seminar: Termination of Pregnancy - Fetal Rights

This seminar presentation delves into the multifaceted ethical and legal considerations surrounding the termination of pregnancy. It provides a comprehensive overview of the topic, including definitions, types of abortion, and relevant statistics. The presentation explores the ethical concerns, encompassing medical implications, religious perspectives, and legal and moral issues. It examines fetal, maternal, and paternal rights within the context of abortion and discusses ethical theories such as autonomy, beneficence, nonmaleficence, and justice. Furthermore, it outlines key legislation, including the Abortion Act of 1967 and the Human Fertilization and Embryology Act of 1990, and analyzes the synergy between laws and ethics in relation to termination of pregnancy. The presentation concludes with a balanced perspective, acknowledging the ongoing debates and the regulatory frameworks governing this sensitive topic. References are provided for further study.

Termination Of Pregnancy - Fetal Rights - Maternal
Rights - Paternal Rights
Names Of the Presenters
Date Of The Presentation

Seminar Outline
• Introduction Of The Topic - Termination Of Pregnancy - Fetal
Rights - Maternal Rights - Paternal Rights.
• Why Termination Of Pregnancy is Of Ethical Concern.
• The Ethical Issues and Ethical Theories in the Termination Of
Pregnancy in regard to Fetal, Maternal and Paternal Rights.
• Legislation that Guides The Practice of Termination of
Pregnancy.
• Relationship of Law and Ethics in Termination Of Pregnancy.

Introduction
What is Termination Of Pregnancy?
• Termination of Pregnancy also commonly known as abortion
refers to the act of removing the pregnancy tissues (Kavanagh et
al. 2018 p20).
• These tissues are the products of conception that include the
fetus and the placenta from the uterus before the embryo
matures.
• Statistics show that around one million women in the UK choose
to end the pregnancy (Montgomery, 2003 p54 ).

Introduction
Two main types of abortions include;
• a medical abortion that involves taking of abortion
medication 24 to 48 hours apart so that to induce a
miscarriage.
• and a surgical abortion which entails a minor surgery
to terminate the pregnancy (Kavanagh et al. 2018
p20).

Introduction
Reasons For Pregnancy Termination
• Pregnancy is terminated if the continuation of the pregnancy
risks the life of the pregnant mother.
• There is a risk of giving birth to a child with physical
abnormalities or mental issues.
• So as to prevent injury to the mental or physical health of
the pregnant mother.
• Unwanted pregnancy in cases of rape or financial problems.

What are The Fetal, Maternal and Paternal Rights in Termination of Pregnancy
• The unborn child, the mother and the father have rights in
regards to abortion.
• The unborn child has the right to live hence illegalizing abortion
(Equality and Human Right Commission, 2018).
• The mother of the unborn child has a right to terminate the
unwanted pregnancy.
• The paternal rights state that the male who impregnated the
woman to give consent or be informed before the termination of
the pregnancy.

Why Termination Of Pregnancy is Of Ethical Concern
• Termination of pregnancy is of high ethical concern
as it has medical implications, cultural and moral
issues, legal and religious issues (Harris, 2003 p10)
• Due to the different opinions on the basis of the above
issues, termination of pregnancy has brought about
controversies and great debates.

Why Termination Of Pregnancy is Of Ethical Concern
Medical Implications
• Risk of infection of the uterus.
• Excessive bleeding that can lead to death.
• Damage to the uterus as well as the cervix due to the
procedures involved in pregnancy termination.

Why Termination Of Pregnancy is Of Ethical Concern
Religious Concerns
• The Catholic church condemns termination of pregnancy since it
is against the sixth commandment that states; “Thou shall not
kill”.
• The church believes that human life starts with conception and
one has the right to live hence abortion is a mortal sin.
• The Protestant churches in Ireland are pro-life and uphold that
abortion is permitted in special circumstances such as when there
is the risk in the life of the mother.

Why Termination Of Pregnancy is Of Ethical Concern
Legal and Moral issues
• Abortion in many countries is illegal unless in extraordinary cases
whereby there is a threat in the life of the mother or as directed by a
medical practitioner so as to avoid harm or loss of life. For instance,
the 1967 Act by David Steel that allowed doctors to terminate the
pregnancy to preserve lives.
• Morally, it is argued that the woman has a moral right to determine the
course of her pregnancy based on her unique circumstances, however,
the unborn child has a moral right to live (Equality and Human Right
Commission, 2018).

Ethical Theories in Termination of Pregnancy
• Autonomy - This principle acknowledges that the
pregnant woman has the right to dictate the course of
her pregnancy either to keep or terminate it.
• Beneficence – The doctor is supposed to determine all
the possible risks involved in keeping the pregnancy
or its termination (Harris, 2003 p50).

Ethical Theories in Termination of Pregnancy
• Nonmaleficence - The doctor is obligated to ensure
that he or she does not cause harm while undertaking
the procedure of termination of pregnancy.
• Justice/Fairness – The involved authorities should be
fair and just in determining the cases that should be
approved for termination of the pregnancy.

Legislation
• The Abortion Act of 1967 – This law has been in use in England,
Wales and Scotland and it state termination of pregnancy should
be done by a licensed medical doctor and signed off by two other
licensed physicians (Equality and Human Right Commission,
2018).
• Human Fertilization and Embryology Act of 1990 – This act deals
with regulations that safeguard the developing embryo and gives
instances when termination of pregnancy should be done.
• The Offences against the Person Act 1861 – This law in England
and Wales states that each and every pregnant woman who
unlawfully induces her own miscarriage shall be found guilty of a
felony and will be convicted.
• The Infant Life (Preservation) Act of 1929 – states that unlawful
termination of pregnancy is at least manslaughter.

Synergy Between Laws and Ethics in Relation to The Termination of Pregnancy
Laws
 There is an ethical dilemma
since there are laws that permit
termination of pregnancy
 The law allows for pregnancy
termination and make it legal.
Ethics
 The moral values do not allow
the ending of life hence states
that abortion is wrong.
 There are moral, religious and
cultural believes that oppose
termination of pregnancy.

Conclusion
• Termination of pregnancy is a topic that causes
debates since there are those that support it and those
that oppose it.
• The various Legislations regulate the termination of
pregnancy such that it should only be performed
when there is a medical risk.

References
• Equality and Human Right Commission, (2018). Right to Life. Available Online At;
https://www.equalityhumanrights.com/en/human-rights-act/article-2-right-life/
[Accessed 3 August 2018].
• Harris, J., 2003. The value of life: an introduction to medical ethics. London
Routledge..pp 1-78
• Kavanagh, A., Wielding, S., Cochrane, R., Sim, J., Johnstone, A. and Cameron, S.,
2018. ‘Abortion’or ‘termination of pregnancy’? Views from abortion care providers
in Scotland, UK. BMJ Sex Reprod Health, pp.jfprhc-2017…pp 20-38
• Montgomery, J.R., 2003. Health care Law, 2nd Edition Oxford University Press. Pp
36-90