When caesarean section operations imposed by a court are justified
Court-ordered caesarean sections against the explicit wishes of the pregnant woman have been criticised as violations of the woman's fundamental right to autonomy and to the inviolability of the person--particularly, so it is argued, because the fetus in utero is not yet a person. This paper ex...
Main Author: | |
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Format: | Electronic Article |
Language: | English |
Check availability: | HBZ Gateway |
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Published: |
BMJ Publ.
1988
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In: |
Journal of medical ethics
Year: 1988, Volume: 14, Issue: 4, Pages: 206-211 |
Online Access: |
Volltext (JSTOR) Volltext (kostenfrei) Volltext (kostenfrei) |
Summary: | Court-ordered caesarean sections against the explicit wishes of the pregnant woman have been criticised as violations of the woman's fundamental right to autonomy and to the inviolability of the person--particularly, so it is argued, because the fetus in utero is not yet a person. This paper examines the logic of this position and argues that once the fetus has passed a certain stage of neurological development it is a person, and that then the whole issue becomes one of balancing of rights: the right-to-life of the fetal person against the right to autonomy and inviolability of the woman; and that the fetal right usually wins. |
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ISSN: | 1473-4257 |
Contains: | Enthalten in: Journal of medical ethics
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Persistent identifiers: | DOI: 10.1136/jme.14.4.206 |