Abortion: Controversial Rights Of International Human Rights

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Abortion is one of the most controversial rights of International Human rights, it is always being debated whether or not abortion rights should be a right in itself or a violation of social rights, Abortion is the deliberate termination of a pregnancy before the fetus or the unborn child and can live on its own without the mother. The first trimester of pregnancy before week 12 is the safest period for an abortion to be done. Women from all over the world have been involved in abortion for many centuries, according to author Ms. J. Pincus, Our Bodies, Ourselves for the new century. Abortions were provided in Western Europe and the U.S. in the late 1800’s, without legal prohibitions, it was not prohibited until the 19th century. The literature …show more content…

Wade and the Doe v. Bolton cases, in the Roe v. Wade case Jane Roe filed a lawsuit against the Texas law because they had deprived her of her constitutional rights to abortion by criminalizing the act of abortion or to attempt an abortion only on medical advice to save the life of the mother. The court ruled in her favor, and it was found that her constitutional rights to abortion was breached because it was not clearly mentioned in the constitution the right to abortion, however this right is a right to privacy and that a fetus does not have constitutional rights because it is not a person. In the Doe v. Bolton case, the state of Georgia ruled abortion illegal except where a medical physician advice that the mother’s life is at risk, or would seriously and permanently injure her health, that the baby is likely to born with a mental or physical disability or that the mother was raped and pregnancy was the end result. Mary Doe was 9 weeks pregnant when she filed a lawsuit claiming that she was entitled to an abortion under the constitution because she was already a mother of three children and could not support another, she was joined in her suit by doctors, nurses, clergy and social workers. Mary Doe won her case and the court created broad health exception for abortions after …show more content…

The restrictions are; to save the life of the mother, to preserve her mental and physical health on advice of a medical physician, in the cases of rape or incest, if the unborn child has a medical or birth defect and if the mother cannot afford to support the child, these laws also consider the gestational time for an abortion to be done which is in most countries during the first trimester 0-12 weeks and some goes up to 6 months and the conditions or environment for carrying out the procedures, this is to ensure the health and safety of the woman. However in some countries abortion is done without any restrictions and in some countries the restrictions are more flexible than ours. In the case of Whole Woman's Health v. Hellerstedt, a group of abortion providers sued the state of Texas claiming that the House Bill 2 which was passed in 2013 containing a number of provisions related to abortions which concludes that any physician performing an abortion have admitting privileges at a hospital within 30 miles of where the abortion was performed, and that all abortion clinics comply with standards for ambulatory surgical centers. The appellants said that they were denied equal protection, unlawfully delegated lawmaking authority, and constituted arbitrary and unreasonable state action, this however was dismissed by the court and they were

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