09.03.2019 in Law
Fetal Protection Laws

The State should not take a pregnant woman into custody for the purpose of protecting the welfare of her unborn child in case when the woman is abusing drugs, has a threatening illness that might cause her death, she personally wants to terminate the pregnancy, Every woman has a right to life and can make the decision regarding what she is carrying inside her. The course of action is morally justified because the woman as well as a fetus has the right to life, should be allowed to decide whether to keep or terminate the pregnancy. Sometimes she might be in a compromising situation such as poverty or stress resulting from rape, which makes it hard for her to keep the pregnancy. Thus, the position is better than pro-life’s because it emancipates women in society, facilitates saving of a mother’s life in case the pregnancy develops some medical problems and considers women as human beings with the right to life.


Three main terms need to be defined, namely the right to life, human and pro-life. These terms are defined when the argument to abort or keep a child rages on. Notably, the terms facilitate in understanding why a woman’s choice is paramount in such situation. Thus, the right to life is defined in regards to whether a mother, a child or both of them are actually entitled to it. In most cases, this term raises the question regarding whether the child is entitled to the right to life as the mother. Many scholars deem the mother as having this right because she depicts many qualities of a human being. The term “human” comes into play when there is debate regarding killing of innocent people. The main question in this context is whether a fetus should also be considered as a human because it distorts the real definition of the word. Lastly, the term “pro-life” comes into play when advancing arguments for and against abortion. It is used in reference to those against abortion as they deem the fetus’s life to be as precious as a woman’s.

The Facts

A factor that is essential in this context regards the number of women who die while being forced to keep pregnancy when they are in compromising situations. Notably, some of these women might have become pregnant unwillingly, which makes them suffer from stress, which can lead to miscarriage. Data from many primary sources such as an article by Judith Jarvis Thomson indicates that many women have lost their lives because of the raging debate regarding abortion. Thus, this is a critical issue that should be observed and both arguments advanced by pro-life and opponents be weighed thoroughly.

Objection One

The first objection to abortion is that it denies an innocent human being the right to life. Pro-life indicates that fetuses should also be considered as human beings as life commences after conception. Opponents also argue that fetuses have a life in the womb same as because they feed, breathe and exude waste same as normal human beings.

Objection Two

Opponents of abortion also assert that both lives of the mother and the fetus are essential and the claim that only the mother is justified to live is misconstrued. They argue that in the event of an emergency, both lives should be preserved and a woman should not be given priority in such situation as it will be tantamount to killing an innocent person.


Reply to Objection One

Pro-lifers should realize that life does not commence on conception as a fetus is fully dependent on the mother. A fetus utilizes the mother’s bodily processes in order to survive. The reason is that they feed and breathe through the umbilical cord and cannot perform activities that an independent human being does such as walking and eating by themselves.

Reply to Objection Two

Proponents of abortion indicate that a fetus cannot be considered as a human and as essential to the society as a woman’s life. This emanates from the fact that a fully grown human being can contribute to the development of the society, which a woman can do while a fetus is still dependent on the mother until the time of its birth.

Argument Reason One

Opponents should realize that since everyone has the right to life, same should apply to women who should be given more power in deciding what should take place with their body. The decision to abort or keep a pregnancy should be left to the women because in some instances they decide on their own to get pregnant; thus, they should also be given the opportunity to decide whether they want to keep the pregnancy or not.

Argument Reason Two

It is morally right for women to be allowed to abort, especially in instances when they have unwanted pregnancy. Unwanted pregnancy can be deemed as one that results through rape or failure of a contraceptive. Notably, women who become pregnant through violent acts such as a rape become stressed, and when they keep such pregnancies, it usually acts as a constant reminder of what they underwent; thus, they should be allowed to terminate such pregnancies to prevent them from becoming stressed or finding themselves hating the child after its birth.

Argument Reason Three

The third and most essential point to be considered is when a fetus acts as a threat to the life of a woman. It is morally right to terminate such pregnancy because if it is allowed to continue developing, the woman’s life will be at stake. This is the case when the real meaning of the word “human” comes into play. Notably, a woman is a human as compared to the fetus as she can contribute to the development of the society in one way or the other. Opponents should also consider the amount of time a woman has lived on earth and what contributions one has made thus far before denying the right to abort.

In conclusion, with the arguments advanced above, it is morally wrong for the State to take Angie into custody just because they are protecting the life of the fetus. It should be noted that the right to terminate or keep a pregnancy fully woman’s. Another reason why women should be allowed to decide whether to keep or terminate a pregnancy concerns economical factors or the way through which the pregnancy resulted. The research indicates that some women become pregnant through inhumane acts such as a rape. Due to this situation, a woman might start hating the child after its birth or the pregnancy will act as a constant reminder of the heinous act leading one to stress. On the other hand, pro-lifers also advance their argument indicating that both a woman and a fetus should be considered as human beings and the woman should not be given priority over the fetus in case of an emergency. They also claim that the fetus has the right to life as well and terminating a pregnancy is tantamount to denying an innocent human being its right to life. Despite the arguments raised by opponents of abortion, it is clear that women should be allowed to decide whether to terminate or keep a pregnancy.

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