Non-Derogable Rights and Abortion
Abortion is a deeply contentious issue, balancing personal autonomy and the sanctity of life. This exploration examines how fundamental rights shape or are shaped by abortion laws.
The issue of abortion is one of the most contentious and polarizing topics in contemporary society. On one side, proponents of abortion rights argue for a woman's autonomy and bodily integrity, emphasizing the importance of personal choice and reproductive freedom. On the other side, opponents assert that any termination of pregnancy constitutes a violation of the inherent value of human life. This article aims to explore both perspectives, examining the scientific and legal foundations of the issue.
Pro-Choice argument
While there are multiple arguments presented by pro-choice advocates, the primary justification for abortion is rooted in the principle of personal autonomy and the right to bodily integrity, which forms the foundation of all other arguments. This perspective emphasizes the significance of reproductive freedom and the discretion to decide whether and when to carry a pregnancy to term. Pro-choice proponents assert that women should maintain control over their reproductive health, positing that decisions regarding pregnancy must be determined by the individual rather than imposed by governmental or external authorities. This argument underscores the necessity of considering the woman's unique circumstances, health, and well-being in making such a profound and personal decision.[1]
Personal Autonomy and Bodily Integrity
Pro-choice advocates argue that personal autonomy is a fundamental human right, including the ability to make decisions about one’s own body. This perspective holds that women should have ultimate authority over their reproductive choices, including the decision to terminate a pregnancy. Denying a woman the right to an abortion is seen as a violation of her personal freedom and bodily integrity. This argument is supported by legal precedents that protect individual privacy and bodily autonomy. For instance, the landmark Supreme Court case Roe v. Wade (1973) recognized a woman's constitutional right to privacy, which encompasses the decision to have an abortion. Ethically, the argument for personal autonomy asserts that individuals should have the freedom to make deeply personal decisions, including those about reproduction, without coercion.
Reproductive Freedom
Reproductive freedom includes the right to access safe and legal abortion services, which is seen as essential for women’s health and well-being. Pro-choice advocates emphasize that restrictive abortion laws do not eliminate the need for abortions but instead drive women to seek unsafe, illegal procedures, leading to severe health complications and even death. Comprehensive family planning must include the option of abortion, as contraceptive failures can occur, leading to unintended pregnancies. The ability to choose abortion in such cases is necessary for maintaining control over one’s reproductive life and ensuring that children are born into supportive and prepared environments. Access to abortion is viewed as a crucial component of reproductive freedom, allowing women to make decisions that best support their health and circumstances.
Public Health and Safety
Pregnancy and childbirth carry inherent health risks, which can be particularly severe for some women. Pro-choice advocates argue that women should have the option to terminate a pregnancy if continuing it poses significant health risks. This includes situations where the pregnancy endangers the woman's physical or mental health, or in cases of severe fetal anomalies. The World Health Organization (WHO) has advocated for the decriminalization of abortion, citing the dangers of unsafe abortion practices, which account for a significant percentage of maternal deaths globally. Ensuring access to safe and legal abortion services can help reduce the strain on public health resources by preventing complications associated with unsafe abortions. Comprehensive reproductive healthcare, including abortion services, is seen as integral to promoting public health and safety.
Socio-Economic Considerations
Unintended pregnancies can have significant economic consequences for women and their families. Pro-choice advocates argue that access to abortion is essential for maintaining economic stability, particularly for women who are already struggling financially. The costs associated with raising a child, including healthcare, childcare, and education, can be overwhelming. Access to abortion allows women to make decisions that align with their financial capabilities and long-term goals, helping to prevent poverty and economic instability. Moreover, unplanned pregnancies can disrupt education and career plans, affecting a woman’s long-term economic prospects and quality of life. Access to abortion enables women to continue their education and pursue career opportunities, thereby improving their socio-economic status and contributing to societal development.
Gender Equality
Access to abortion is seen as a key component of gender equality, allowing women to participate fully in society. Pro-choice advocates argue that without the ability to control their reproductive lives, women are at a disadvantage compared to men. Ensuring access to abortion helps promote equal opportunities in education, employment, and other areas of life. Restrictive abortion laws are seen as a form of gender-based discrimination, as they disproportionately affect women and limit their reproductive choices. These laws reinforce traditional gender roles and undermine women’s rights to make decisions about their own bodies and lives. Pro-choice advocates contend that denying access to abortion perpetuates gender inequality and limits women's opportunities to participate equally in societal, educational, and professional activities.
The pro-choice perspective encompasses a range of arguments that emphasize personal autonomy, reproductive freedom, public health and safety, socio-economic stability, and gender equality. These points highlight the complexities and nuances of the abortion debate, presenting a comprehensive view of why access to safe and legal abortion is considered essential by pro-choice advocates. By examining these arguments in detail, we can better understand the diverse factors that contribute to the pro-choice stance and the importance of considering these perspectives in the broader discussion on abortion.
A legal Pro-Life argument
The Pro-Life stance is grounded in an undeniable fact: abortion results in the termination of a human life. This fact serves as the foundation of the argument, asserting that the fetus possesses intrinsic value and inherent potential as a human being. The moral and ethical implications of ending this life are profound, driving the advocacy for the protection of the unborn and their right to life under the law. This perspective contends that the fetus's right to life[2],[3] is paramount and should be protected, arguing that the destruction of a human being is a significant moral and ethical issue. Balancing the rights and freedoms of the pregnant woman with the moral considerations of the fetus's potential life remains a deeply complex and polarizing aspect of the abortion debate.
In legal terms, "life" is defined as the state of being alive. Being "alive" is defined as being in a state of life, characterized by biological functions such as cellular division and growth, the continuous replication and specialization of cells, and metabolic activities, indicating that the individual has not yet died. This definition encompasses the characteristics of living organisms at all stages, including the embryonic and fetal stages of development, thus including unborn humans. These processes begin at conception when the fertilized egg (zygote) starts to divide and develop. Therefore, by this definition, life includes the period from conception.
Biological Commencement of Life
Life Begins at Conception
The scientific consensus overwhelmingly supports the view that human life begins at conception. This critical moment is marked by the formation of a zygote, which occurs when a sperm fertilizes an egg. The zygote represents the initial stage of a new human organism, possessing a unique genetic identity distinct from both the mother and father. This stage is recognized as the starting point of human life by the scientific community.
Dr. Jerome LeJeune, a renowned geneticist, famously testified that "after fertilization has taken place, a new human being has come into being." This assertion, supported by the principles of modern molecular biology, is widely accepted among scientists.[4] Similarly, Professor Hymie Gordon of the Mayo Clinic emphasized that "by all the criteria of modern molecular biology, life is present from the moment of conception."[5] These authoritative statements reflect the consensus within the scientific community.
Surveys of biologists further reinforce this perspective, with a significant majority affirming that human life begins at fertilization.[6] This agreement among experts underscores the foundational biological processes that commence at conception.
From the moment of conception, the zygote undergoes rapid cell division and differentiation, eventually forming the complex tissues and organs that constitute a human being. This continuous development, initiated at conception, highlights that life is an ongoing process, starting from the very first stage of human existence. This scientific understanding is crucial in framing discussions about the right to life and its implications from the earliest moments of development.
Developmental Biology
The zygote, formed at the moment of conception, embarks on an extraordinary journey of rapid cell division and differentiation. This process is marked by the zygote's transformation as it begins to divide, creating a multitude of cells that will eventually form complex tissues and organs. Each division and specialization of cells is a testament to the dynamic and continuous nature of life, underscoring that life is not a static event but an ongoing process that begins at conception. This remarkable development highlights the intricate biological mechanisms that ensure the growth and formation of a new human being, starting from a single cell and culminating in a fully formed individual. The unceasing progression from a zygote to an embryo, and eventually to a fetus, exemplifies the principle that life is a continuous, evolving process initiated at conception.[7]
The Non-Derogable Right to Life
The non-derogable[8] right to life is the cornerstone of all human rights, enshrined in international treaties and national constitutions, ensuring its protection under all circumstances. These foundational right underscores that without the right to life, all other rights lose their meaning and substance.
International Covenant on Civil and Political Rights (ICCPR): Article 6 of the ICCPR explicitly states, "Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life." The right to life is a non-derogable right, meaning it cannot be suspended even in emergencies.[9]
UN Human Rights Committee: General Comment No. 36 clarifies that the right to life is fundamental and must be protected under all circumstances. This includes protection from arbitrary deprivation and positive obligations on states to safeguard this right.[10],[11]
Convention on the Rights of the Child: The preamble of this Convention states, "BEARING in mind that, as indicated in the Declaration of the Rights of the Child, 'the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth.'" Notably, there is no age or stage of growth specified in respect to "before" birth, implying protection from conception.[12]
These international legal frameworks collectively underscore the non-derogable nature of the right to life, affirming that it must be protected under all circumstances and extending protections to all stages of human development.
In the realm of human rights, certain rights are considered fundamental, forming the bedrock upon which all other rights are built. At the pinnacle of these foundational rights is the right to life. This right is universally acknowledged as paramount because it is the precondition for the enjoyment of all other rights. Without the right to life, every other right becomes meaningless and devoid of substance.
The right to life is enshrined in several key international legal instruments, including the International Covenant on Civil and Political Rights (ICCPR). Article 6 of the ICCPR explicitly states, "Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life." This provision establishes the right to life as a non-derogable right, meaning it cannot be suspended or limited under any circumstances, including emergencies. The United Nations Human Rights Committee, through General Comment No. 36, further emphasizes that the right to life must be protected at all times, underscoring its fundamental nature.
The right to life is the cornerstone of human rights law. It underpins all other rights because, without the assurance of life, the exercise of any other right is impossible. For instance, the rights to freedom of speech, education, and due process are inconsequential if an individual does not first have the right to exist. This hierarchical positioning of the right to life signifies its paramount importance in the broader spectrum of human rights.
The Convention on the Rights of the Child further reinforces the significance of the right to life. Its preamble states, "BEARING in mind that, as indicated in the Declaration of the Rights of the Child, 'the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth.'" This underscores that the right to life is not only crucial post-birth but also extends to the unborn, recognizing the need for protection from conception onward.
The non-derogable nature of the right to life means that it cannot be subordinated to other rights such as personal autonomy and the right to bodily integrity. While these rights are significant, they cannot override the right to life because without the right to life, personal autonomy and bodily integrity do not exist. In the context of abortion, proponents cannot justify the deprivation of life by emphasizing their personal autonomy and bodily integrity. The right to life must remain the absolute priority, ensuring its integrity as the most fundamental human right.
The protection of the right to life imposes both legal and ethical obligations on states and individuals. Legally, states are required to enact laws and take measures to prevent the arbitrary deprivation of life, ensuring that all individuals are protected. Ethically, the recognition of the right to life demands that society values and upholds the sanctity of human life in all its stages.
In conclusion, the right to life stands as the paramount right within the hierarchy of human rights. Its non-derogable status highlights its critical role as the foundation for all other rights. Without the right to life, the very concept of human rights loses its substance and meaning. Therefore, this right cannot be pushed aside or compromised by other rights such as personal autonomy or bodily integrity, as it is the cornerstone upon which the edifice of human dignity and rights is built.
The right to life is upheld in numerous international treaties and national constitutions, reinforcing its status as a cornerstone of human rights. This foundational right is prominently featured in key international documents such as the Universal Declaration of Human Rights (UDHR), which declares in Article 3 that "Everyone has the right to life, liberty and security of person." Similarly, the International Covenant on Civil and Political Rights (ICCPR) underscores this principle in Article 6, explicitly stating, "Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life."
National constitutions around the world also enshrine the right to life, reflecting its universal recognition and importance. For example, the United States Constitution, through the Fifth and Fourteenth Amendments, provides that no person shall be "deprived of life, liberty, or property, without due process of law." In India, Article 21 of the Constitution guarantees the protection of life and personal liberty, affirming that "No person shall be deprived of his life or personal liberty except according to procedure established by law." Similarly, the German Basic Law (Grundgesetz) in Article 2(2) states that "Every person shall have the right to life and physical integrity."
These legal frameworks establish the right to life as a non-derogable right, meaning it cannot be suspended even in times of emergency. This status is further reinforced by interpretations and rulings from various international and national judicial bodies. For instance, the European Court of Human Rights (ECHR) has consistently upheld the right to life as fundamental, interpreting Article 2 of the European Convention on Human Rights to require states to take appropriate measures to safeguard lives within their jurisdiction.
By embedding the right to life in their legal systems, countries affirm its paramount importance and provide a robust framework for its protection. This legal precedence underscores the universal acknowledgment that the right to life is the foundation upon which all other human rights are built, ensuring that it remains inviolable and protected under all circumstances.
Logical and Legal Implications
Conflict with Abortion:
The conflict with abortion arises from a fundamental legal contradiction. Given that life begins at conception, any action terminating this life, such as abortion, directly conflicts with the non-derogable right to life. The principle that no life should be arbitrarily deprived is violated when a fetus, regarded as a new human life, is aborted. This legal contradiction highlights the inherent tension between the protection of life and the exercise of other rights.
As a non-derogable right, the right to life holds a superior position in the hierarchy of rights. This status means that it cannot be overridden or suspended under any circumstances, including in the context of a woman’s right to autonomy and bodily integrity. When it comes to the termination of a fetus, the right to life supersedes these other rights, asserting that the preservation of life is paramount. International human rights law reinforces this stance by not permitting exceptions to the right to life, regardless of the circumstances. This unwavering protection underscores the legal and ethical imperative to uphold the right to life above all other consideration.[13]
Ethical Considerations:
Moral responsibility plays a crucial role in the conflict surrounding abortion. Ethical principles align with legal norms in emphasizing the sanctity of human life from its inception. The protection of life from conception is viewed not just as a legal obligation, but as a profound moral imperative recognized across diverse cultures and religions. This shared ethical viewpoint asserts that every human life, regardless of its stage of development, holds inherent value and deserves protection. The commitment to safeguarding life from conception reflects a deep-seated respect for human dignity, which is a cornerstone of both legal frameworks and moral teachings globally. This alignment between legal and ethical principles underscores the universal recognition of the right to life as a fundamental and inviolable right that transcends legal systems and cultural boundaries.
Positive Obligations of the State:
Protection measures are integral to upholding the right to life from conception. States are mandated to enact laws and policies that ensure this fundamental right is protected. This involves not only recognizing the inherent value of life from its earliest stages but also implementing regulations or prohibitions on practices that terminate fetal life. Such measures are essential to fulfilling the legal and moral obligation to safeguard life. Governments must establish clear legal frameworks that address the complexities of this issue, ensuring that all actions align with the overarching principle that life, in all its stages, must be protected. By doing so, states affirm their commitment to the right to life and uphold their responsibilities under both national and international human rights laws.
Conclusion
The examination of biological and legal perspectives on the beginning of life and the right to life leads to a compelling conclusion. Since it is a material fact that life begins at conception and that the right to life is a non-derogable right, then logically and legally, any action that terminates this life would be in conflict with this fundamental right. This conclusion is substantiated by robust biological evidence and reinforced by international legal frameworks. The recognition of life at conception and the inviolability of the right to life form a compelling argument against practices that terminate fetal life, aligning with both logical reasoning and legal principles. This analysis underscores the need for legal and ethical adherence to the principle of protecting life from its inception.
[1] Planned Parenthood v. Casey, 505 U.S. 833 (1992); Roe v. Wade, 410 U.S. 113 (1973)
[2] The "right to life" is the fundamental human right to have one's life protected by law, prohibiting arbitrary deprivation of life and obligating states to safeguard it. This right is enshrined in international human rights documents like the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Additionally, the Convention on the Rights of the Child emphasizes the right to life, survival, and development for every child.
[3] https://www.ag.gov.au/rights-and-protections/human-rights-and-anti-discrimination/human-rights-scrutiny/public-sector-guidance-sheets/right-life#what-is-the-right-to-life
[4] https://www.epm.org/resources/2010/Mar/8/scientists-attest-life-beginning-conception/
[5] https://www.epm.org/resources/2010/Mar/8/scientists-attest-life-beginning-conception/
[6] https://quillette.com/2019/10/16/i-asked-thousands-of-biologists-when-life-begins-the-answer-wasnt-popular/
[7] In international human rights law, "non-derogable" refers to rights that cannot be suspended or restricted under any circumstances, including during emergencies or crises. Examples include the right to life, freedom from torture, and freedom from slavery, ensuring these fundamental protections are always upheld.
[8] In international human rights law, "non-derogable" refers to rights that cannot be suspended or restricted under any circumstances, including during emergencies or crises. Examples include the right to life, freedom from torture, and freedom from slavery, ensuring these fundamental protections are always upheld.
[9] https://ijrcenter.org/2018/11/20/un-human-rights-committee-clarifies-expands-guidance-on-right-to-life/
[10] https://ijrcenter.org/2018/11/20/un-human-rights-committee-clarifies-expands-guidance-on-right-to-life/
[11] https://www.justsecurity.org/73426/covid-19-and-international-law-series-human-rights-law-right-to-life/
[12] https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child
[13] https://www.justsecurity.org/73426/covid-19-and-international-law-series-human-rights-law-right-to-life/
Also consider:
- Senate REJECTS motion to help babies left for dead. A motion calling for care for newborns surviving abortions has been shut down in the Senate.
https://www.rebelnews.com/senate_vote_rejects_motion_to_protect_babies_left_for_dead
- Born alive but left to die, with no comfort or love. Failing to offer lifesaving or palliative care to babies who survive failed abortions is horrific. (Paywall.)
https://www.theaustralian.com.au/inquirer/born-alive-but-left-to-die-with-no-comfort-or-love/news-story/152cdc042d1402fe315102732bf50a94
Something that seems to be overlooked when talking about abortion is questioning why are there so many unwanted conceptions?
How does this happen?
Any ideas?