The Factors Of Abortion Law Medical Essay

Published Date: 02 Nov 2017

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GAN JIE YING

BG12160628

0126987089

LILIEN CHOONG HOOI HYIT

BG12110236

0179823933

LOW XIN YI

BG12110263

0176390369

PAY MIAO KUI

BG12110439

0173163818

PHANG QIYE

BG12110442

0168977969

Contents

INTRODUCTION

Abortion has become one of the most argumentative issues of our time. Societies and politicians argue over the legal aspects of abortion. Abortion is a very sensitive topic for everyone who find themselves facing the moral dilemma of whether or not to terminate a pregnancy. It is one of the hottest moral issues and most people are on one side or the other, very few are undecided.

The abortion rates are kept increasing around the world and it causes a lot of negative effects to family, society, and country. Although abortion will cause negative effects, but some of the country such as US, Canada still legalizes abortion due to certain reasons such as medical health, mental health , physical health, social economy reason , life and so on. But some of the country not to legalizes the abortion. So, should abortion be legal or illegal? Is abortion is morally wrong or morally not wrong? These two questions are for societies to doubt. There are two groups which are pro-life group and pro-choice group. Each of them stand on their point. Pro-life group work to make their views and beliefs about abortion due to cultural, religious, moral, and ethical reasons. They against the legalization of abortion which is to give a baby’s life. But pro-choice group plunk for legalizes abortion due to medical health, mental health, physical health, social economy reason, life and so on. They support the legalization of abortion and the women who pregnant have the right to choose. Therefore, our group chose "Legalization of abortion from a moral perspective" as our assignment topic.

WHAT IS ABORTON ?

Abortion means the deliberate termination of a pregnancy, usually before the embryo or fetus is capable of independent life [1] . (Company 2005) Termination of pregnancy before 20weeks' gestation calculated from the date of onset of last menses. An alternative definition is the delivery of a fetus with a weight of less than 500 g. If abortion occurs before 12 weeks gestation, it is called early; from 12 to 20 weeks it is called late. (Katz 2007). [2] 

THE FACTORS OF ABORTION

Abortion is not a legal issue in most of the country in the world. There are many things which are to be considered and some of the factors also. From this topic, we realize that factors of legalization abortion are totally coming of age, family income, education, occupation, household head, race, sex, health problem and the others.

Women of all reproductive ages, ethnic group, marital status, racial have abortions in this world. For the factor of the mind of that girl when she finds out she is pregnant and she is not married as well. Some of them are because they still young and their mind still not mature and didn’t think the effect of abortion later, so they just try what they want and what to do. Some of the teenagers are because of curiosity on the sexuality and not having any knowledge about that, so they will do a legalization abortion once they pregnant. Young mother tends to be a poor and may not be able to raise a baby with providing a stimulating environment and quality child care for their baby.

Family income also considered as a factor of abortion. For example, if happen on that couple which they are still a student, then they don’t have any income to take care of a baby. Because it’s needed a lot of money to bring up a baby such as milk powder, clothes, and other necessity for a baby. So that, if they both don’t have any salary income, because they are still a student, then they will be suffering a lot of problems with that. This factors are usually happens in a student and for those who haven’t work to get the income because they will worry about the financial problems. Legalization of abortion can reduce their risk and health problem with abortion when does it in a clinic or whatever place without any license.

In part of education, teens may choose to have an abortion because of their level of education. Some of them might be didn’t have any knowledge or education start from primary or secondary school. So, they don’t know what will be happens after having a sexual. They don’t have this knowledge and information due to the sex education. So, once they pregnant then, they will do a legalization of abortion and this will make them to reduce their sight or pressure from public and social.

Besides that, social issues also can be one of the factors of the abortion which that cause the rates of abortion increases day by day now. For example, in our country, there is a real case which takes place in previous time, which a student from Tunku Abdul Rahman College (TARC) was raped by the college’s security guard, the victim is only 18 years old and she was forced to have an abortion once she got pregnant [3] . (Reasons for abortions 2007 2007) So that, it was not only affect the victim’s physicality but also physiology. For those teens had pregnancy resulted from rape, these teens who are victims of the attacks often seen abortion. So, this will make the victim to do the legalization of abortion. This can reduce their public sign on them because of legalization.

In addition, some of them are because of their psychological thought and will think a lot of questions before they want to make a decision. For example, if the girl just 16 years old, then she will thinking and worry about her education. She will scare dropped out of school or college by the principle and will lose the chance to study at college or school. Besides that, some of them had no interest in marriage anyway and that guy doesn’t want to take a responsibility for their baby, so that they will straight to do an abortion once they had pregnant [4] . (Farrell 2008, 09). So, if the government legalize the abortion in the country, this will make the victim can continue their education even they got one time of erroneous and did it wrong in abortion case due to sexual behaviour.

Others factor in legalization abortion is included failure of contraception, especially the single or professional women which they are not prepared for a baby. Some of the women they are mentally unbalanced, inoffensive relationship, or addicted to drugs are also more likely to choose an abortion compare with other factors. They consider abortion may also be influenced by the negative attitudes about single mothers in their communities. Legalization of abortion can reduce the single mother’s pressure from public sight and they can continue their career in the future.

THE EFFECTS OF LEGALIZED THE ABORTION

On 22nd of January 1973, The Supreme Court in United State handed down Roe v. Wade (A woman who wish to legalize abortion) legalized abortion in their country. This caused many of people had a different argument about this. Some of them opposed of this decision because they think this is an action that against the moral and their religion. But there are some people totally agree this action had taken by their government. From the situation, are legalized of abortion is a good or bad decision for the government? What are the effects if abortion is legalized?

The first effect after abortion was legalized is the safety of women when abortion is increased. When abortion is illegal there are many black markets to help women to do abortion. Some of the women which do not wish to have a baby but abortion in the country is illegal, the women will try to find black market to help them to do abortion. Imperfect medical equipment in black market will cause increased risk of women’s life. When abortion is legal, they can go to any clinic to do abortion. Clinic medical equipment more prefects and this will be safer for women to do abortion. From the research of the World Health Organization (WHO), there are about 68,000 women die every year because of unsafe abortion.

The second effect of legalized abortion is can reduce the population of the country. China is the country has most population in the world, that’s about 1,343,239,923 people. This had caused many problems in China such as not enough accommodation, there are many people compete a job caused wages of labour is very low and so on. Therefore, the government of China implemented "one child policy", a family only can have one child. The second highest population is India, about 1,205,073,612 peoples and estimate when the year 2050 will increase to 1,656,553,632 people. India is one of the poverty counties. Increase in population will increase the burden of government and the family. Furthermore, the world’s population is increasing year by year. Therefore, if abortion is legalized, the population of a country will decrease so that the country won’t face the problem like what China faced now and poverty of India can decrease.

Decrease in crime also one of the effect after abortion is legalized. When the year 1973-1976, US has a high abortion rate, caused the largest decrease in crime since 1985. The five states – Alaska, Hawaii, New York, Washington and Colorado that legalized abortion 3 years before Roe v. Wade is the first to experience the drop in crimes. The crime rates decrease when the abortion is increasing because when some poor family are at risk that their children that lack of education will involve in crimes later in life. Furthermore, the women who unlike to have a child, they will less likely to be a good parent and without educate by parents their children involved in crimes are higher. Therefore, legalize abortion can let someone who not with to have children to do abortion and crime rates will decrease.

Figure 1

Although there has positive effect after legalized abortion but there also has a negative effect such as effect on the behaviour of people. Legalized abortion caused people not to take care of their health and many of the teenagers will promiscuity due to they have right to abortion if they are studying and they have financial challenges. They make sex without doing any preventive because they know that if they are pregnant they have the right to abort. This causes many problems such as AIDS rates will increase, the abortion rate in the country increase and so on. Furthermore, when abortion is legalized, many of clinic measures that they can compete with others clinic, they will help women abortion with a low price. When with low prices, they will cut off the cost of abortion by using not very good medicine or low quality equipment. This can cause the women’s life at risk.

In conclusion, although there is some negative effect on legalized abortion but for this, the government can take some action to solve it. Therefore, legalized abortion is a good decision make by a country so that women have the right to decide whether to have a baby or not.

STATISTICS OF ABORTION

Statistics in US

C:\Users\User\Desktop\abortion\Abortion Statistics for the United States_files\view(2).image

Figure 2.1

(Source Reported abortions in the United States, by year

From The Alan Guttmacher Institute )

Based on the graph, Figure 2.1 provided by The Alan Guttmacher Institute [5] , the cases of abortion have a steadily increased from years 1973 to years 1981 which is 750,000 cases to 1,550,000 cases. It increased almost 110.67 percent until years 1981. In the years 1982, the cases of abortion have been in a constant trend until years 1990. In the years 1990, it was recorded that the cases of abortion are at a highest peak which is 1,600,000 cases. From the years 1991, the cases of abortion have been on a decreasing trend until years 2011 which recorded 1,200,000 cases.

Statistics in Ireland

Figure 2.2

(Source Reported abortions in the Ireland, by year

From Wm. Robert Johnston)

Based on the graph, Figure 2.2 provided by Wm. Robert Johnston [6] , the cases of abortion on Ireland in the years 1968 were 64 cases and increased 964 cases that is 1,225 cases in 1971 but then next year had decreased to 975 cases. In 1973, abortion cases in Ireland are about 1195 cases and have been a steadily rose to 3,920 cases in the years 1986. In the years 1987, the cases have fallen to 3673 cases. Between the years of 1988-2001, the cases of abortion have steadily increased and reached a highest peak of 6,673 cases in the years 2001. In year 2002, the cases start dropping until 4,402 cases in the years 2010.

Statistics in India

Figure 2.3

(Source Reported abortions in the India, by year

from Wm. Robert Johnston)

Based on the graph, Figure 2.3 provided by Wm. Robert Johnston [7] , the cases of abortion in India in the years 1972 were 24,300 cases and have been a dramatically increased to 516,142 cases in the years in 1982. In the years 1983 reported 561,039 cases and have constant until years 1990 which is 581,215 cases. In the years 1994 , the cases reported was 627,748 cases and have fallen to 512,823 cases in the years 1997. In the years 1998, the cases have risen steadily and reached a highest peak in the years 2003 which is 763,126 cases. The cases in the years 2004 reported 699,304 cases and have a constant trend until the years 2009 and whopping to 620,472 cases in the years 2010.

ABORTION POLICIES IMPLEMETED IN US, MALAYSIA, IRELAND AND INDIA

POLICY IN US

In 1967, Colorado became the first state to greatly broaden the circumstances under which a woman could legally receive an abortion. By 1970, there were 11 additional states had made similar changes to their abortion laws .Besides, four other states which were New York, Washington, Hawaii and Alaska had completely decriminalized abortion during the early stages of pregnancy.

Abortion has been legal in the US since January 1973. The high court’s made a decision in Roe v. Wade [8] , which granted women the constitutional right to terminate their pregnancies, made it possible for women to be safe, legal abortions from well-trained medical practitioners, state legislatures and governors. It had encountered a number of limitations in the ways they can regulate abortion. The high court considered the Roe case arose out of a Texas law that prohibited legal abortion except to save a woman’s life.

A 21 years old pregnant woman, Jane Roe [9] , had represented all women who wanted abortions but could not get them legally and safely. The Texas Attorney General, Henry Wade, who was defending the law that made abortions illegal. The Supreme Court ruled that the Americans' right to privacy which included the right of a woman to decide whether to have children, and the doctor to make that decision without state interference after hearing the case.

The second case is Doe v. Bolton in 1973. It was focused on a more lenient Georgia law. This case was allowed a woman to terminate her pregnancy when her life was in danger. The lower federal courts had declared the statutes unconstitutional, ruling that denying a woman the right to decide whether to carry a pregnancy to term violated basic privacy and liberty interests contained in the Constitution in these two cases.

In that two cases, the Supreme Court affirmed that the lower courts' conclusions and struck down both statutes by a vote of 7-2. [10] (Wetstein 1996) In Roe, the court had concluded that constitutional rights to privacy and liberty protected a woman's right to terminate her pregnancy. The court also recognized that the state has an "important and legitimate interest" in protecting the health of the mother and even "the potentiality of human life" inside her.

POLICY IN MALAYSIA

Malaysian Penal Code sections 312 -315 are covers that abortion was totally illegal. The only ground for abortion was "for the purpose of saving the life of the woman" (Section 312). An amendment had made legal to save the life of the woman in 1971. Under the pressure from the medical fraternity, there was another amendment made to allow an exception in 1989.

The Penal Code (Amendment) Act of 1989 (Act 727) had provided for legal abortion to be carried out safely and has widened the criteria for carrying out abortions but it only a medical practitioner registered under the Medical Act 1971 that can undertake the procedure. Now, an abortion can be carried out if the practitioner is of the opinion , that formed "in good faith" that the continuance of the pregnancy would be involve risk to the life of the pregnant woman or injury to the mental or physical health of the pregnant woman, greater than if the pregnancy were terminated.

In 2002, the Ministry of Health discussed the amendments to decriminalize Verb 1. decriminalise - make legal; "Marijuana should be legalized"

decriminalize, legalise, legalize, legitimate, legitimatise, legitimatize, legitimise, legitimize the procedure and reduce restrictions on access to it. The Malaysian Medical Association with the involvement of NGOs such as FFPAM, proposed that there should be no punishment when no consent of the woman is available. Two medical practitioners had based on the considerations as provided in the exceptions stated in Section 312, and acting in good faith, shall be accepted as consent in lieu in lieu prep. instead. "In lieu taxes" are use taxes paid instead of sales tax. A "deed in lieu of foreclosure" occurs when a debtor just deeds the property securing the loan to the lender rather than go through the foreclosure process. that if where the pregnant woman is physically, mentally, or emotionally incapable of giving consent, or if below the legal age of valid assent.

Besides, if there is a substantial risk that if the child were born and would suffer from physical or mental abnormalities and will to be seriously handicapped or the pregnancy is alleged to have been caused by incest or rape, then the proposed amendments are currently being reviewed by the Attorney General's office.

Policy in Ireland

The head of the European Parliament committee said that Ireland must clarify abortion laws. Besides that, the chairman of the committee (Mikael Gustafsson) said that abortion was a human rights issue. (Ireland must clarify abortion laws, says EU head n.d.). [11] 

Abortion is currently illegal in Ireland almost all circumstances, except where the woman or girl’s life is in danger. A senior legal advisor at Human Rights Watch- Aisling Reidy said that "the government needs to ensure the effective access of women and girls to the abortion services to which they already have a legal right." The Human Rights Watch discussed the immediate need for reform to comply with the European Court of Human Rights (ECtHR) judgment, besides that they need to give an overview of the main human rights concerns with Ireland’s current abortion policy regime.

For an example, a woman-Savita Halappanavar [12] , Hindu of Indian, 31 years old who was died because of denied an abortion in Ireland. She died on October 28, 2012, at a hospital in Galway. According to a recent survey in Ireland, 85% of those polled said that they supported legislation the abortion, 10% of them would not support and 5% of them said they did not know. (Ireland: Clarify and Reform Abortion Laws and Regulations 2013)

Because of this case, the Irish government announced that they would draft new laws and regulations to spell out when doctors can terminate a pregnancy, weeks after an ailing woman was refused an abortion and perished [13] . (Ireland to seek change in abortion law after woman's death n.d.)

Policy in India

The Indian Penal Code 1862 and the Code of Criminal Procedure 1898, with their origins in the British Offences against the Person Act 1861, made abortion a crime punishable for both the woman and the abortionist except to save the life of the woman.

The liberalization of abortion law in India began in 1964 in the context of high maternal mortality due to unsafe abortion [14] . (Hirve n.d.)

Abortion in India was legal only to save the life of the mother. The provisions of the Indian Penal Code placed India in the category of those countries with highly restrictive abortion law on August 25, 1964; the Central Family Planning Board recommended that the Ministry of Health creates a committee to study the question of legislation on abortion. The government decided to liberalize the abortion laws and passed the Medical Termination of Pregnancy Act (MTP Act 1971).The terminology was specifically designed to make it easy to get the law approved by the parliament. The law was passed as a health measure to protect women from the hazards of untherapeutic abortions.

According the Ministry of Health, the law is required for approval an abortion within the first 3 months of pregnancy. Besides that, the Medical Termination of Pregnancy Act (MTP Act 1971) got provide the legalization of abortion for some condition such as rape or incest, and for some social reasons such as mental or social injury to the mother. The Committee had recommended that the doctors should encourage women to accept contraception, preferably methods such as IUDs and sterilization, which are either long acting or permanent.

THE SOLUTION OF LEGALIZED ABORTION

Legalized abortion not only caused positive impacts but also negative impacts so that government, family and social should take action to solve these negative impacts.

Government Perspective

The government should limit the license for the clinics to conduct abortion such as the government gives permission to the government hospital only. This can prevent occur low quality’s instrument that will use by others hospital because low quality’s instruments are cheaper than high quality’s instruments. If the permit is given to all hospitals, the government should set the minimum price for abortion so that this can prevent the hospital to set the price of abortion according to their wishes because they wish to maximize their profit. If the price is low, they will use the low quality’s instrument to conduct the abortion. Beside that, the government can form an institution to spot check on time or investigate the complaint that report by residents. The clinic will get penalty such as suspended license, fine, and so on if the institution found out that the clinic using the low quality’s instrument and conduct abortion with the price that below the minimum price that set by the government.

Family Perspective

From the moral perspective, if legalize abortion the underage teenagers are allowed to abort their fetus when they are studying secondary school because in some country the teenager who have baby are not allowed to continue their study. Because of this, the promiscuity rate will increase in the scope of teenagers. The parent should educate their children since they are kid to overcome this problem. Furthermore, the parent plays an important role for their children. Besides that, parents should not neglect their children because of their work and they should spend more time to communicate with their children so that they will know the situation of their children in school.

Social Perspective

It is the responsibility of mass media to increase the level of awareness about abortion. Media should contribute in increasing the general knowledge. Mass media should promote some advertisement about the effect of legal abortion. For an example, in China if abortion is legalized this can overcome the population’s problem. Besides that, resident should report if found out the hospital is using low quality’s instrument or conduct the abortion with the price lower than the minimum price that set by government to police or the related institution.

Conclusion

Nowadays, legalized abortion is one of a hottest issue in this world and this issue is argued by all countries because many of people are confused whether to legalize abortion or not legalize abortion is the best action should take by the government of their country.

Therefore, we had chosen this title to do research whether a country should legalize abortion or not. From the research we had done, we found out certain factors of legalized abortion such as health, education and so on that prove we should legalize although there are some negative effects but legalized abortion have more positive effect than negative effect and if the government, family and society cooperate to carry on the solution, the negative effect can be solved.

For the reasons above, we found out that legalization of abortion from a moral perspective was more effective compared with not legalizes abortion. Therefore, we strongly agree that abortion should be legal in every state due to certain reasons that we had found out from the information that we got.