Exploring Ethical Principles in Roe v

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Cincinnati State Technical and Community College *

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2012

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Philosophy

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Jun 13, 2024

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docx

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3

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Ahlexus Cooper Health Information Ethics Roe Vs. Wade Reflection The case of Roe versus Wade began in 1970 when Norma McCorvey (referred to as “Jane Roe”) challenged a Texas law that criminalized most abortions. The Supreme Court ruled, seven to two, that unduly, stringent state laws pertaining to abortion are unconstitutional. According to the Court, a collection of Texas regulations infringed upon a fundamental right to privacy that was implied by the Fourteenth Amendment's due process clause. The key points of the Roe vs. Wade case were the pregnancy trimester framework, the right to privacy, and fetal viability. The Court weighed the state's interests against a pregnant woman's right to privacy and decided that the state could not interfere with the decision to have an abortion during the first trimester. The state could control practices to safeguard public health during the second trimester, but abortions would still be legal. Unless it is absolutely necessary to preserve the mother's life or health, the state may outlaw abortions during the third trimester. The Court upheld a person's constitutional right to privacy, which included the choice to end a pregnancy. The Court considered the “potentiality of human life” and defined fetal viability as the capability for meaningful life outside of the womb. There are many ethical principles surrounding abortion including autonomy, beneficence, nonmaleficence, and justice. The right to make knowledgeable decisions regarding one's own body and reproductive health is acknowledged by autonomy. Beneficence is balancing the well- being of the pregnant person with the potential life of the fetus. Nonmaleficence is avoiding harm to both the fetus and the pregnant woman. Justice ensures that equitable access to abortion services is available regardless of socioeconomic status.
There are waiting periods and reasonable restrictions regarding abortions. Many states require a waiting period (often 24 hours) between counseling and an abortion. Critics argue that this imposes hardships, especially those that must travel a long distance. Determining what is “reasonable” involves many complex ethical considerations. Some people argue that restrictions should prioritize health and safety, while others prioritize autonomy. Legally, a woman does not need her husband’s consent for an abortion and The Supreme Court has ruled against spousal consent requirements. Personally, I believe that it is morally right to consult with the father of the child or your husband before getting an abortion, but every individual has different circumstances and beliefs. Abortion laws show the tension between medical ethics and judicial intervention. Controlling patient and clinician interactions in abortion care violates ethical principles. In conclusion, Roe v. Wade created a constitutional right to abortion privacy, but discussions about access, waiting periods, and moral considerations are still ongoing. There are countless challenges in finding a balance between respecting autonomy, protecting health, and acknowledging societal differences throughout healthcare which I believe will be a continual process as society continues to change and develop.
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