Human Rights in Contemporary SocietyRight to Life: Abortion and Euthanasia

Overview of LectureIn today’s lecture we will consider:

•Abortion•Euthanasia•Debates surrounding the application of the right to life in each of these areas.

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Right to Life

•Article 3• Everyone has the right to life, liberty and

security

• But how is this exercised in relation to birth and death?

• Who has the right to decide?

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Conceptualising the issue: moral and ethical dimensions• Key questions:

• How do we define life?• When does life begin?• What is the right to life?• Who has the right to decide?

• Personhood debate:• Does having the potential for personhood give the

foetus human rights?• A foetus is a human being• Destroying a human life deliberately is unethical• Abortion is unethical because it destroys a human life.

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When does life begin…• Contrasting opinions on when life actually begins. • No definitive consensus…• When fertilisation takes place: sperm fertilises the egg?• At the implantation stage – around day 6 – day 9?• The ‘primitive streak’ – nervous system development?• After the twinning stage has passed – at around 13-15

days post fertilisation?• Has reached a state of maturation when it would be

possible to survive outside of the womb?• Upon birth?

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Abortion: statistics• 28% of all pregnancies are unplanned• 76 million unintended pregnancies occur each year in the

developed world; approx. 46 million end up in abortion• 20 million abortions are ‘unsafe’ and result in the death

of 68,000 women• In some developing countries death from unsafe abortion

(the only form available) can exceed 30% of all maternal deaths (Latin America)

• WHO (2004) estimated that in Africa one woman dies of abortion related complications for every 150 abortions performed compared with one in 3,700 in developed countries. 6

Current GB Law Comes from the Abortion Act 1967 (a

private members bill from David Steel MP) Allowed abortions up to 28 weeks Consent of two doctors required Updated Human Embryology and Human

Fertilisation Act 1990, which lowered the top limit to 24 weeks

Abortions allowed after 24 weeks if there is a ‘grave’ risk to the physical or mental health of the mother

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Reproductive choice…• Alston (1984) asserts that the right to an abortion should

reflect a woman’s rights to have control over her own body. Failure to acknowledge this right means the law fails to recognise half of humanity. Women should have the right to reproductive self-determination.

• Tatyana Margolin (2008) in her discussion of Abortion as a Human Right, states:“Establishing abortion as a Human Right within the universal human rights treaty system is crucial to improving access and availability to abortion, especially in those countries where women’s rights are curtailed” 8

Debates for and against… Both opponents of abortion (generally called pro-

life), and those who believe it is a right (generally called pro-choice) both use the language of rights to support their case

Often at stake in this debate is at what point a foetus becomes a person, that is to say a possessor of rights.

Does a foetus have rights? Should it have rights?

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Rights of the unborn child• Catholic Church (and many other religious

organisations) believe that one becomes a person at ensoulment (this is often linked to the religious claim that we do not have the right over life and death that also prohibits contraception). Life begins when the egg is fertilised by the sperm.

• At ensoulment (shortly after conception) a foetus is a moral person distinct from the mother

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Other considerations• Female selective abortion in Asia• One child policy in China and abortion (inc.

forced).• Abortion for a pregnancy resulting from rape• Abortion for some form of disability• Abortion as a form of contraception• Abortion for multiple pregnancy (foetal

reduction)• Impact on health 11

On euthanasia

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EuthanasiaEuthanasia: derived from the Greek word euthanatosGood or pleasant death

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Euthanasia• What is euthanasia?

• It is the deliberated killing of a person for the benefit of that person.

• In most cases euthanasia is carried out because the person who dies asks for it, but there are cases called euthanasia where a person can’t make such a request.

• Is it respect for autonomy? 14

Forms of Euthanasia• Active and passive euthanasia:

• In active euthanasia a person directly and deliberately causes the patient’s death. e.g. injection of potassium chloride (Direct)

• In passive euthanasia they just allow the patient to die. e.g. withdrawal of treatment (Indirect)

QUESTION• Is there a moral difference between letting someone

die and hastening someone’s death?15

Voluntary and Involuntary Euthanasia• Voluntary euthanasia occurs at the request of the

person who dies.

• Non-voluntary euthanasia occurs when the person is unconscious or otherwise unable to make a meaningful choice between living and dying, and an appropriate person takes the decision on their behalf. (for example, a baby, a person on a life support system or in a persistent vegetative state (PVS) someone of extremely low intelligence or suffering from dementia).

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Indirect Euthanasia and Assisted Suicide

• Indirect euthanasia means providing treatment (usually to reduce pain) that has the side effect of speeding the patient’s death (Idea of double effect).

• Assisted suicide usually refers to cases where the person who is going to die needs help to kill themselves and asks for it.

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Religion and Euthanasia• Death is one of the most important things that religions

deal with.• Faiths offer meaning and explanations for death.• Religions regard understanding death as vital to finding

meaning in human life.• All faiths have strong views on euthanasia.• Most religions disapprove of euthanasia.

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Arguments in support of Euthanasia• Human beings have the right to die when and

how they want to.• A civilised society should allow people to die in

dignity and without pain, and should allow others to help them do so if they cannot manage it on their own.

• Our bodies are our own, and we should be allowed to do what we want with them. Therefore it is wrong to make anyone live longer than they want.

• If suicide is not a crime – then euthanasia should not be a crime.

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Arguments against Euthanasia

• Religious opponents believe that the right to decide when a person dies belongs to God.

• Other opponents fear that if euthanasia was made legal, the laws regulating it would be abused, and people would be killed who didn’t really want to die.

• The slippery slope.• Euthanasia devalues lives.• Opponents suggest that euthanasia sends the

message that it’s better to be dead than sick or disabled. 20

Cont’d…• Euthanasia may not be in the best interests of

the patient. The diagnosis may be wrong and the patient may not be terminally ill.

• Opponents of euthanasia claim that it prevents proper palliative care for patients.

• Palliative care is physical, emotional and spiritual care for a dying person when cure is not possible. It includes compassion and support for family and friends.

• Euthanasia also puts pressure on the vulnerable who may feel they are a burden on others.

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Recent cases• 2006: Assisted Dying Bill - blocked

• 2009: Clarification on Assisted Suicide Law (England and Wales)• Debbie Purdy case -

• 2010: End of Life Assistance Bill – rejected Scottish Parliament

• 2012: Tony Nicklinson “Locked-in Syndrome” 22

Moral Questions• Euthanasia raises moral questions such as:

• Is it ever right for another person to end the life of a terminally ill patient who is in severe pain or enduring other suffering?

• If euthanasia is sometimes right, under what circumstances is it right?

• Is there any moral difference between killing someone and letting them die? 23

Death• Life has value only for so long as it has meaning for

the person whose life it is and respect for self-determination and autonomy should entitle a competent person to decide for herself whether, when and how she chooses to end her life.(Keown, 1997, pp:233)

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Concluding thoughts…• Where the Right to Life Does Not Apply• There are many situations where individuals have

unsuccessfully tried to argue that the right to life applies. • The right to life cannot be invoked to prevent a woman

from having a legal abortion. • Under UK law it has also been held that the right to life

cannot be relied upon by a person who is terminally ill and wishes to end their life.

• http://www.abouthumanrights.co.uk/right-life.html 25

References• Alston, P. (1984) Conjuring Up New Human Rights: A Proposal for

Quality Control, American Journal International Law. 607, 614• Battin, M.(2005) Ending Life. Ethics and the way we die. Oxford:

Oxford University Press• Davis, A.J. Aroskar, M.A. Liaschenko, J. and Drought, T.S. (1997)

Ethical Dilemmas and Nursing Practice (4th Ed) London: Appleton and Lange

• Dworkin, G. Frey,R.G. and Bok, S. (1998) Euthanasia and Physician-Assisted Suicide. Cambridge: Cambridge University Press

• Keown, J. (Ed) (1997) Euthanasia Examined Cambridge: Cambridge University Press

• Keown, J. (2002) Euthanasia, Ethics and Public Policy An Argument Against Legalisation. Cambridge: Cambridge University Press

• Margolin, A.T. (2008) Abortion as a Human Right. Women’s Rights Law Reporter. 29 Women’s Rights L. Rep.77

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Additional sources of reading• Assisted dying Q & A: http://news.bbc.co.uk/1/hi/health/8270302.stm• http://www.carenotkilling.org.uk/• http://www.compassionindying.org.uk/• http://www.dignitasinternational.org/articles.aspx?aid=238• http://www.dignityindying.org.uk/• National Council for Palliative Care: http://www.ncpc.org.uk/• “Ireland 'should change abortion law' after woman's death. Member of

Irish Labour party says country's almost total ban on abortions must be relaxed” (The Guardian, 2012; http://www.guardian.co.uk/world/2012/nov/14/ireland-abortion-law-woman-death)

• “Ireland: Abortion issue must be clarified by Irish government without delay” (Amnesty International, 2012)

• Forced abortion: China forced abortion photo sparks outrage http://www.bbc.co.uk/news/world-asia-china-18435126

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