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Why Should Abortions Be Legal Essay, Should Abortions Be Legal
Why Should Abortions Be Legal Essay, Should Abortions Be Legal
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Why should abortions be legal essay, Should Abortions be Legal

 

 

 

 

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Fourth and lastly, consistently the media runs a story of either a child or a woman so far as that is concerned, who has been assaulted by individuals known to them or by strangers. Consequently, legalizing abortion will solve instances of undesirable pregnancies emerging from such cases and difficulties during pregnancies. At the point when a pregnancy happens because of assault, the victim isn’t to be faulted, the culprit is. Also, the vast majority of the victims are not prepared for these pregnancies. In this manner, an abortion turns into the best option to get rid of these pregnancies. It offers them a chance to proceed with the pursuit of their aspirations to the highest levels without restrictions. On the off chance that it is made lawful, it gives individuals the guts to approach professional medical doctors and performs safe termination of unwanted pregnancies. Therefore, this lessens the frequencies of death due to complications on abortion. As highlighted by the Center for Reproductive Rights’ World’s Abortion Laws Map, the Philippines is out of a venture with the vast majority of the world. In one case, a young doctor was assaulted by a government official who paid for her education. After discovering that she was pregnant, she attempted to self-initiate an abortion and ended up dying from difficulties that arose from her risky abortion and incapability to get medical services. As a result, a huge number of Filipino women face comparable circumstances and, because of our obsolete abortion laws, they also are at risk of dying from unsafe abortion. For this situation, there are sorts of human rights that were violated. One is the privilege to life, her passing was an altogether preventable pregnancy-related demise brought about by the failure of the government to legally accommodate access to abortion. The criminal provisions on abortion lead to infringement of the privilege to life both by denying women’s access to safe abortion. Next is the inability to accommodate lawful access to emergency contraception and abortion for a sexual violence victim violates government commitments to forestall sex-based viciousness under the privilege of nondiscrimination. Then the Right to Health, her failure to get to safe abortion services comprises infringement of the privilege to health. Why should abortions be legal essay

 

 

Should Abortion Be Legalized?

 

 

Abortion is seemingly becoming an enormous public health challenge, in the United States. It has also emerged to be one of the most contentious social issues among the U.S population, leading to an unprecedented debate over its legalization. This debate can be attributed to the current situation whereby the prevalence rates of abortion seem to have assumed upward trends. It is quite surprising to learn that almost half of pregnancies among women, in the United States are unintended; thus, termination of the pregnancies serves as the most appropriate alternative. It has been found out that half of the women experiences at least one unintended pregnancy before the age of 45 years, and a third of these pregnancies are terminated. In the past decade, cases of abortion have increased significantly and, this change in prevalence trends is believed to have been caused by an array of social, medical and economic factors. Currently, epidemiological reports indicate that four women out of ten pregnant women carry out abortion, in the U.S. However, it is worth noting that the prevalence of abortion among different social classes of people with different socioeconomic status are relatively variant, owing to the differences in conception rates. In the past two decades, unintended pregnancy rates among women with low socioeconomic status increased by 50%, whereas the rates decreased by 29% among women with high socioeconomic status. These epidemiological trends have caused uproar in the society, leading to the current abortion debate. Despite the controversy overshadowing the issue, abortion appears to be a personal issue because; it influences one’s health and social life. Therefore, this argument paper will give an overview over the issue of abortion and attempt to provide a justification for the legalization of abortion.

 

 

Thesis Statement

 

 

Although abortions are illegal in majority of states, in the United States, I think it should be legal in all 50 states. A lot of infants born in hospitals today do not go home with the mother due to abortions being illegal, causing the mother to give the infant up for adoption. If abortions were legal in the United States, there would be less people on welfare.

 

 

History of Abortion Laws in the United States

 

 

The history of abortion dates back to the 1760s when settlers were establishing their settlements, in the United States. Abortion was regarded to as a legal practice among women but, regulations to control abortion emerged during the first half of the 19th Century when different federal states begun introducing restrictive laws, although anti-abortion laws varied from state to state (NAF, 2010). By 1800, all medical procedure was considered risky; thus, abortion was categorized among the other medical practices, which resulted into fatal outcomes. As such, it did not attract significant attention from medical professionals and lawmakers.

 

 

In 1900, arguments by the newly formed American Medical Association, that abortion was a dangerous medical procedure and immoral enhanced abortion criminalization approaches by many federal states. Later on, by 1910, abortion had been criminalized in all states except the state of Kentucky, which had not established anti-abortion laws (Lewis & Shimabukuro, 2001).

 

 

Thereafter, Comstock laws, which were established in 1880s to criminalize abortion in the 49 federal states, remained effective until 1973, when a landmark Supreme Court ruling diverted the course of the issue. However, it is worth noting that prohibition of abortion during the first half of the 20th Century did not reduce the prevalence rates; instead, they increase to as high as 1.2 million yearly by 1970s. As a result, a large number of women were adversely harmed by the impacts of illegal abortion (Jacoby, 1998). This is probably the principal reason as to why liberalization of abortion laws occurred between 1967 and 1973, in which abortion restrictive laws in many states were repealed to allow the American women the right to have abortion (NAF, 2010).

 

 

Roe vs Wade Case

 

 

In 1973 Supreme Court made a landmark decision granting women the right to have abortions in the first three months, stating those rights belongs to the woman and her doctor, not the government. In this ruling, the remaining restrictive laws in all states were struck down to allow women seek for legal and safe abortions for experienced medical experts. The Roe vs Wade case was occasioned by the Texas state’s law, which prohibited abortions, except in circumstances where the woman’s life was at a risk.

 

 

Women Rights

 

 

The 1973 Supreme Court ruling upheld women rights for privacy and freedom to make decisions on birth control, especially with regard to bearing and rearing children. In this case, it was declared that women’s privacy was a fundamental social right, which had to be respected. As a result, women were granted the right to make decisions on whether to have children with the assistance of their medical doctors without state interference (NAF, 2010).

 

 

Current Legal Situation

 

 

The current legal situation seems to be quite different from the situation between 1973 and 1994 when the terms Roe were upheld. In 1995 and 2003, there have been several moves led by the Republican Party in the House of Representatives and the Senate to ban partial birth abortion, only to have it blocked by President Clinton and the Supreme Court. The Pennsylvania vs Casey case of 1992 seems to have attracted changes in the Roe provisions leading to enactment of abortion restrictive laws by some states. In 2007, the Gonzales v. Carhart case reversed the federal ban of abortion in different states, in support of the Federal Partial Birth Abortion Ban Act, passed by the Congress during President George W. Bush Administration (Pew Forum, 2013). Consequently, anti-abortion laws criminalized the procedure up-to-date.

 

 

State by state legal status of abortion prohibition varies significantly with some states having relaxed regulations and others with stricter laws. Some states such as Louisiana, Michigan, North Dakota and South Dakota intend to ban abortion upon the overturning of Roe, whereas 13 states uphold the pre-Roe ban laws. California, Connecticut, Hawaii, Maine, Maryland, Nevada and Washington protect the right to abortion. On the other hand, Arkansas, Illinois, Kansas, Kentucky, Missouri and Ohio have expressed intend to limit abortion (Guttmacher Institute, 2013).

 

 

Statistics

 

 

Statistics indicate that more than 50% of the women obtaining abortions in the United States are under the age of 25 years. However, abortion rates are more common among minority women. Since 1973, 56,177,034 cases of abortion have been reported. It may appear extremely shocking to learn that 3,700 cases of abortion are reported daily in U.S. This translates to about 1.37 million abortions per year (Klick, 2004).

 

 

Epidemiological reports indicate reasons for abortion as the inability to rear children, especially by women with low socioeconomic status. In addition, some health complications of pregnancies necessitate abortion to safe the woman’s life (Bartlett et al. 2004). Other reasons are rape, mental disorders and incest. In most cases, the mother’s mental status occasion abortion, especially when the mother experiences mental disabilities (Reagan, 2010).

 

 

Public Opinion

 

 

The public seems to have varied opinions with some states becoming increasing polarized on abortion, and lawmakers are passing tighter restrictions while some are seeking stronger legal protection for it. However, it is worth noting that these opinions are based on gender, age, party and religion.

 

 

Arguments

 

 

In regard to the Islamic religion, the Shariah law, which governs the social life of Muslims, permits abortion on various circumstances (Syed, 2000). For instance, a doctor is allowed to carry out an abortion in case the mother’s life appear to be endangered. On the other hand, Christianity despises abortion on grounds that it is immoral.

 

 

On the other hand, liberalists regard abortion as the only solution to teenage pregnancies because most girls are not mentally mature to assume parental roles. In addition, abortion allows teenage girls to continue their education for sustainability in their future parenthood life.

 

 

In regard to the opinion of the political parties, the Democratic Party has been on the forefront in championing for the decriminalization of abortion, in which they cite economic and demographic implications as the justification for the legalization.

 

 

Counter-arguments

 

 

On the other hand, the Republican Party opposes legalization of abortion, citing the protection of human rights. They argue that the Roe provisions violate the Declaration of Independence and the 14th Amendment of the U.S Constitution (Randolph, 2006).

 

 

Conservationists argue that abortion goes against the societal social norms and values. They claim that perpetuating abortion devalues the principal tenets of societal norms by disrespecting human dignity (Borgmann, 2009). As a result, the opinion of Conservationists is that abortion is a social vice which should be condemned.

 

 

Rebuttal

 

 

It is evident that abortion influences the women’s health and social life more than it affects the society. As such, decision to terminate pregnancy seems to be associated to the women’s social rights and, the 1973 Supreme Court’s ruling reaffirms the women’s right to decide whether to have a child or not with regard to the individual’s reasons for abortion. Moreover, it is true to assert that, the legal provisions in most state laws, which permit abortion at certain medical risks, are relatively partial, especially with regard to the legal framework because; they perpetrate health inequity in the society. These laws violate the constitutional requirement that abortion should be restricted during the third trimester because; it is often fatal; thus, most women may wish to induce birth before the expected dates to have an abortion performed under the health risk legal provisions.

 

 

Should Abortions be Legal?

 

 

Abortion has been one of the contentious issues in most nations of the world, especially in the United States of America. Abortion should be recognized as a right in the United States of America, this statement is supported by the arguments of Roemer (1993, pp. 23-25). Many citizens who contemplate abortion have experienced the disapprovals from a section of the society, especially the conservative Christians.

 

 

In the history of abortion and its legality, there have been many legal changes that at sometimes legalize abortion and other times the legality of abortion is abolished. There has been a continuous debate on the abortion though it is legally practiced in some regions.

 

 

The main issue that is hotly contested in the debate is when life really begins so that the debate shifts from merely thinking about whether abortion is morally good or bad to whether the act violates another person’s right of life or not.

 

 

Taking into account both the life of the mother and that of the fetus, abortion should be legalized (Women’s International Network, 1982). The paper discusses the legality of abortion and how illegalizing abortion contravenes the very laws that protect the rights of women.

 

 

Thesis

 

 

The main focus of this discussion is that, taking into consideration all dangers associated with pregnancy, abortion should be legalized. It offers the precedence to what necessitates abortion in certain situations where the rights of the pregnant woman override those of the unborn.

 

 

There are many premises on which the debate about abortion has been anchored. The most dominant premise on which this one has been done is religion. The religious groups, especially the Christians and Muslims, are historically known to be ardent anti-abortionists (Naden, 2007, p. 43).

 

 

They entirely rely on what is recorded in the bible and the Koran respectively, but the two holy books have not openly discussed anything related to abortion. The premises on which the religious groups base their arguments are simply interpretations of what the books record.

 

 

Christian arguments against abortion are directly interpreted from Jeremiah 1: 5. This verse states, "Before I formed you in the womb I knew you, before you were born I set you apart" (Mattingly, 2004, p. 40). This is a claim of God speaking to somebody called Jeremiah, who was a Christian prophet around the year 667 B.C.E.

 

 

A good number of powerful politicians, who also profess these faiths, have also been known to argue against abortion on the basis of religion, which is a subjective way of taking up the argument. Such politicians have not taken into account that their stand on any national issue should not be seen to be biased, but must be representative of all those they represent irrespective of any form of affiliations.

 

 

When it comes to matters of religion, the state is supposed to uphold its neutrality status. Legalizing abortion will allow women to be free from any harm that may arise from pregnancies, especially when the pregnancy is unwanted. This will also allow women to choose whether they really want to keep the child they carry or not.

 

 

The support given to religious anti-abortionists by some powerful politicians even complicates further the matter of whether to illegalize or legalize abortion. Assuming that the Christian bible does not prohibit abortion, are there any other reasons abortion should be illegalized?

 

 

Most, if not all, of the reasons anti-abortionists detest abortion are based on religious principles. If the religious basis is taken out of the picture then they do no have any concrete reasons. Thus, using Christian or religious perspective to illegalize abortion is to deny the non-religious citizens certain fundamental rights.

 

 

There are several biased arguments that have been advanced against abortion and some of such biases are fallacies that do not conform to the reality of the issues at hand. One such argument is the hypothesis that abortion may result into breast cancer; this hypothesis is even accepted by some politicians. This notion has been disproved and can be viewed as a plot by the anti-abortionist to persuade women against abortion (Basso, 2003, p. 251-257).

 

 

The fight against abortion is historical and most of the reasons advanced actually beat the logic. Some of these reasons include, but not limited to, the arguments that women should be allowed to refuse to have sex with their husbands whenever they feel necessary so that they may avoid complications related to pregnancies, that abortion can lead to death of the mother and that abortion will haunt a woman’s conscience until she dies.

 

 

The debate on abortion has become so hot that anti-abortionists specifically target the women and doctors who contemplate abortion with violent actions. The anti-abortionists have made it difficult for women to secure the services of abortion by harassing the professionals who offer the services and also the women who go for the abortion.

 

 

It has also been argued, that there has never been an unwanted pregnancy. The proponents of this argument state that in case the mother does not want the kid she can give the child to a family that would like to adopt the child. Such an argument is oblivious of the fact that it is humanly painful to see a child being raised by another family yet the mother may be able to take care of the child.

 

 

How does a rich woman feel when her child is being raised by a low social class family yet she enjoys everything she has? The psychological and emotion implication of this question is not addressed by such a proposition (Women’s International Network, 1982, p.74).

 

 

Anti-thesis

 

 

Here we argue against the legalization of abortion as it recognizes the basis on which abortion may be illegalized. Abortion has often been punishable since time immemorial. As much as a woman should be allowed the right to abort, the whole issue is still debated on with reference to religious beliefs and principles.

 

 

Both anti-abortionists and pro-abortionists have become hardliners; this implies that either side hold on the belief and conviction that it is right. The proponents of both sides have not listened to each other’s side of the story. Considering both sides of the debate, it is important to realize that they present some genuine arguments.

 

 

The problem is that either side completely and buy essay online deliberately ignores each other’s reasons. The nation is a secular state; this means that the state should approach the issue putting into consideration the population dynamics in terms of religious beliefs. In most cases, the pro-abortionists have failed to realize the danger in which the whole society is placed.

 

 

Even though the anti-abortion crusaders have not really mentioned it in detail, some anti-abortionists have argued that that the sustenance of the population of the society is likely to end up in jeopardy if abortion is allowed to be practiced openly.

 

 

Pregnancy is the only natural means by which the dying population is replaced the future generation brought into existence; the new generation can only be brought to the world through pregnancy. In view of its long run effects, the sentiments of the anti-abortionists are therefore understandable on the grounds that abortion will interfere with the natural replacement of the aging and the dying population (Noonan, 1979, p. 27).

 

 

Even though death can occur in any situation in human life, especially with regards to women, it is important to realize that abortion is one of the risk factors that can independently cause death. In this case, death may arise when the person offering the services of abortion is not medically qualified or in cases where the medical professional is likely to commit human error or omission. [Are there cases in which the professional IS qualified, yet the woman still experiences complications?]

 

 

Many a time, a pregnant woman seeks an abortion without considering the possible consequences. One of the consequences is death, as previously discussed.

 

 

A woman may seek an abortion as a right and in the end cut short her life hence ending the enjoyment of her right of life. [It seems as though the previous sentences should be combined with the previous paragraph; the next sentence starts a new topic and, therefore, a new paragraph.] (There is no problem in the said sentence) There are also other challenges that emanates from abortion.

 

 

Abortion has high potential of causing secondary infertility which implies that such a woman is highly likely to stay without giving birth to children after abortion. The infertility arises from complications following improper treatment after abortion or due to medical misfortune during the whole process.

 

 

The process of abortion may cause serious damages to the womb thereby preventing the attachment of other subsequent embryos. Other problems include infection of the uterus, pelvic inflammatory disease, and cervical incompetence (McConnell, 2006, p. 107). These form parts of the fears anti-abortionists have against abortion.

 

 

It is true that issues pertaining to abortion are grounded on Christianity or rather religion as opposed to the morals of the society as whole.

 

 

It is wrong to state, that those arguing against abortion are driven by religious belief and conservativeness; there are atheists who do not support abortion and would do everything they can to ensure they do not support abortion, regardless of whether it remains legal or illegalized. It is important that all these views also be considered (Converse, 2003, p. 168).

 

 

Synthesis

 

 

Critically examining these arguments we find that the religious groups have only been concerned with the right of unborn and forgotten that the mother carrying the child is also a human being who needs to survive or rather enjoy the same right to live as the unborn child. It is right to argue that the unborn has the right to live, especially when pregnancy has reached an advanced stage.

 

 

But, it is also important to look at the other side of the coin; what happens when the pregnancy puts a woman’s life in danger and the doctors cannot perform abortion because they fear losing their jobs and facing legal actions for performing illegal abortion? This is a question the conservatives have not addressed and seem not to be ready to address.

 

 

Many pro-life supporters approve of abortion in such case; however, the instances in which they disapprove of it outweigh the instances in which they may accept it. This question can only be answered appropriately by objective intervention of the law that must come in to protect both the pregnant women and the unborn children.

 

 

Again, not all pregnancies arise out of mutual consent between a man and a woman; some pregnancies arise due to rape (LaFollette, 2002, p. 417-449). All women, especially the unmarried, have the right to choose whether they want to have babies or not. In a situation where a woman is forcefully impregnated and she does not want the baby she should be allowed to abort as a right.

 

 

Illegalizing abortion is likely to interfere with other rights that are fundamental to citizens’ sphere of life. Medically, there are instances when a woman’s life may be in danger and the only way out is through the termination of pregnancy. In such a case, subject to medical examination and doctor’s recommendation, abortion should be allowed (Lee, 2003, p. 1 48 and 161).

 

 

It may be logical that a pregnancy be terminated in order to save the life of woman, however; this may not be possible where abortion is blindly illegalized. The medical professionals may recommend abortion but not carry it out due to legal implications hence letting the woman to lose her life.

 

 

With the current legal abortion in force, to think about denying a woman the chance to abort is a gross violation of human right with respect to the current legal status of the law on abortion. It is unfortunate that even after abortion has been legalized, there are still strong oppositions to it and the anti-abortionists still continue to ignore the facts that should are now sufficient to persuade the on the need to legalize abortion in certain wanting circumstances.

 

 

The anti-abortionists have not yet realized instances where abortion may be completely necessary even if the pregnant woman may be in need of a child. Taking for instance, a case where a woman gets pregnant because of rape. It will be painful for a woman to be constantly reminded about being raped by keeping the child.

 

 

Again, what will the child feel if one day he or she is told that his or her conception was as a result of rape? This is a scenario that can stress a woman to death hence interfering with her right of life.

 

 

It may be possible to illegalize abortion, however, it is notable it will not stop whether legalized or illegalized. Women, especially the financially disabled, will seek the services of unqualified medical doctors or resort to other illegal means which may prove to be even more life threatening than when the act is legalized to be done by qualified and licensed professionals.

 

 

The rich women who are able to meet the cost will travel to secure abortion services in other countries where it is legalized. It is therefore important to note that legalizing abortion is not just recognizing the right of relevant personnel but also providing a legal basis on which lives of pregnant women can be saved in case of complications due to pregnancies (Moore and Parker, 2007, p. 113-121).

 

 

Conclusion

 

 

As much as abortion has some health implications, it is important to realize that it should be legalized so that it can take care of both sides of argument. Legalizing abortion does not mean that every woman will be forced to do so but it allows for those whose lives are in danger due to pregnancy to seek medical recourse.

 

 

When abortion is made illegal, the life of many women will be placed at risk considering possible pregnancy complications, but when left to remain legal it will be a woman’s choice to terminate the pregnancy depending with professionally qualified medical practitioners’ recommendations.

 

 

To safeguard the furtherance of the societal population, the abortion clauses should spell out clearly conditions under which pregnancies should be terminated. The decisions to terminate such pregnancies should follow from licensed medical professionals.

 

 

This will ensure that the societal morals are not degenerated. The legal status of abortion should not be reversed. Any modification should only make it be in the form of a synergy for both pro-abortionists and anti-abortionists.

 

 

Reference List

 

 

Basso, M. (2003). The underground guide to teenage sexuality: an essential handbook for today’s teens and parents. New York: Fairview Press.

 

 

Converse, R. (2003). Atheism as a positive social force. New York: Algora Publishing.

 

 

LaFollette, H. (2002). Ethics in practice: an anthology. Volume 3 of Blackwell philosophy anthologies. Melbourne: Wiley-Blackwell.

 

 

Lee, E. (2003). Abortion, motherhood, and mental health: medicalizing reproduction in the United States and Great Britain. United Kingdom: Transaction Publishers.

 

 

Mattingly, R. (2004). In every pew sits a broken heart: hope for the hurting. New York: Zondervan.

 

 

McConnell, T. (2006). The nature of disease: pathology for the health professions. Baltimore: Lippincott Williams & Wilkins.

 

 

Moore, B. N., Parker, R. (2007). Critical Thinking. (8th Ed.). NEW YORK, NY: McGraw- Hill.

 

 

Naden, C. (2007). Abortion: Open for Debate – Group 4. New York: Marshall Cavendish.

 

 

Noonan, J. (1979). A private choice, abortion in America in the seventies. New York: Free Press.

 

 

Roemer, M. (1993). National Health Systems of the World: The issues. New York: Oxford University Press US.

 

 

Women’s International Network. (1982). Women’s International Network news, Volume 8. Kenya, Women’s International Network.

 

 

Why should abortions be legal essay, Why should abortions be legal essay

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