Monday, May 20, 2019
Pregnant Women Essay
In my opinion, pregnant women should be punished for partaking in legal behaviors such as taking fertility medication, smoking, and drinking, wholly of which can cause harm to the foetus. I think a charr should subordinate her right to supremacy her life when she decides to become pregnant or does become pregnant. Anything which might possibly harm the developing fetus should be prohibited and all things which might positively affect the developing fetus should be mandated nether penalty of law, be it criminal or civil.Since anything which a pregnant woman does or does not do may claim an impact, either positive or negative, on her developing fetus, any act or omission on her part could render her liable to her subsequently born child. While such a view is consistent with the recognition of a fetus having rights which are superior to those of its m different, such is not and cannot be the law of this state. A legal right of a fetus to begin life with a tidy mind and body asserta ble against a mother would make a pregnant woman the guarantor of the mind and body of her child at birth.A legal profession to guarantee the mental and tangible health of another has never before been recognized in law. Any action which negatively impact on fetal development would be a breach of the pregnant womans duty to her developing fetus, Mother and child would be legal adversaries from the moment of conception until birth. If a legally cognoscible duty on the part of mothers were recognized, then a judicially defined standard of conduct would control to be met. It must be asked, by what judicially defined standard would a mother have her every act or omission while pregnant subjected to state scrutiny?By what accusative standard should a jury be guided in determining whether a pregnant woman did all that was necessary in order not to breach a legal duty to not interfere with her fetus separate and independent right to be born whole? In what counsel would prejudicial and stereotypical beliefs about the reproductive abilities of women be kept from interfering with a jurys determination of whether a particular woman was negligent at any point during her pregnancy?Nevertheless, several(prenominal) argue that the drug-addicted pregnant woman should be treated as if her drug use is the alike as child abuse and at least one state Supreme Court has simply accepted that view. The Supreme of South Carolina, distinguishing itself from courts in twenty-four other states, has declared that at least inwardly the borders of South Carolina a viable fetus is a person and a pregnant woman who endangers its health can be found guilty of child abuse.The South Carolina court could not fathom the variation between a stranger who attacks a pregnant woman and the woman herself. The court argued if the fetus is not treated as a child under the law, then, there would be no basis for prosecuting a mother who kills her viable fetus by stabbing it, by shooting it, or by other such means, yet a third party could be prosecuted for the very same acts. The truth is that we do not have to pit the woman against the fetus to promote healthy pregnancies or to value life.In fact, creating fetal personhood hurts both women and the possibilities for healthier pregnancies. We could treat addiction for what it is, a health problem. We could fund programs designed to resonate womens needs not only during pregnancy, but throughout their lives because we value women as whole persons. We could jimmy peoples different values regarding fetuses without creating the legal fiction that fetuses are separate persons.
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