The judge’s assessment that the court, instead of the parents, had the authority to
consent to the abortion is questionable. This is because the decision in Marion’s case
does not support such a finding. This is clear in three instances.
Firstly, the majority of the High Court held that parents alone cannot consent to “non-
therapeutic medical procedures”, that is to say, the parents can only consent to
therapeutic medical procedures. In State of Queensland v B, Justice Wilson described
the administration of the drug misoprostol as therapeutic 8 . By this definition, Justice
Wilson should not have held that the parents could not consent to the abortion,
because under the judgment made in Marion’s case, the limitation on parental consent
The Act presumes ‘capacity’ in relation to adults unless situation exists otherwise. It requires extending all sorts of help to the person in question before drawing conclusion that they cannot consent. Even an apparently unwise decision if is extended by a person of full
Abortion continues to make a profound impact on public policies and remains one of the most controversial debate of our time. Though abortion continues to be a debate, it was not always a problematic one. Abortion has been present throughout history dating back to the ancient Egyptians, Greek and Roman. Before abortion became a crime in the 19th century, abortion was a womans choice. “Before abortion became the object of law, it was a subject of everyday life” (Roe v Wade BOOK p. 11). From early civilizations to today, abortion was and may still serve as a form of birth control. It has been observed that through abortion those of upper class avoided “unwanted childbearing and the lower classes used it to limit family size when 1 or more child
Bogolub and Nigel Thomas questioned whether the birth parent should be included in the child’s right to consent. If demanded, this adds another adult to a situation in which the child might feel pressure to please various adults by completing the research study. Sheila Greene and Diane Hogan argue that when researching children in the past, adult’s views and thinking have been placed on the child. The authors argue that researchers need to understand the child’s views, priorities and experiences to better help their research (2005).
In this essay I will attempt to show that consent does not justify UK state power.
The three-judge panel at the district court heard the testimony and ruled in favor of McCorvey’s right to seek an abortion and Dr. Hallford’s right to perform one.
The court determined this through a series of rational, starting with the Ninth Amendment. They asserted that the “right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the district court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy." The court also asserted that protecting the mother’s health and the potential human life were the governments interests, and the government had the authority to make a stance on the topic. The matter of when abortion is safer than giving birth that the decision for abortion must be left to the mother and her physician. Another right that the decision preserved in the decision was that of a physician’s right to practice freely, absent government interest, not a woman’s right to choose.
For public policy reasons, minors may not at their option disaffirm a valid marriage or repudiate an
Understandably, the welfare of children is a sensitive topic to many and a subject that it much more complicated than one person’s opinion. It seems like everyone has something to say about it and for good reason. However, with all the input, not all ideas will be the same. There are extremes and then there places in the ‘middle’ where opinions can fall. One of those opinions seems to be the most widely believed: parents have no right to give up their parental rights when they were the ones who decided to have them in the first place, except in extreme circumstances.
The majority opinion of the case, which was ruled in favor of the plaintiff, was delivered by Justice Harry Blackmun. The Court held the opinion that the fundamental right of a married or single woman, to decide whether or not to have children, is spelled under the Ninth Amendment through the Fourteenth Amendment of the Constitution. Therefore, the Texas’s criminal abortion statutes were void as they were constituted in a manner that violates the plaintiff’s Ninth Amendment rights and they were unconstitutionally vague. The court also held that an array of Texas statutes criminalizing abortion in most cases violated a woman’s constitutional right to privacy, which it found to be implicit in the liberty guarantee of the due process clause of
In the first article “Parental Consent Laws are Necessary” by Michael New, New explains that the benefit of putting parental
Abortion has remained a controversial issue since the 1970’s with Roe v. Wade being passed. Roe v. Wade, the 1973 Supreme Court case, states that as a person in the United States, one is given the right to privacy of any personal medical decision which includes whether a woman decides to receive an abortion or not. Over forty years later, opinions on abortion has remained relevant. We can see a politician’s stance, being pro-life or pro-choice, is a necessary question asked by American voters. The side politician’s take on the matter can make or break their popularity within certain religious groups or political affiliation (i.e. party preference). In recent years, Republicans have tended to agree with pro-life and Democrats have been pro-choice (Adams 1997). The revived and revamped feminist movement has taken strides in speaking up about abortion and women’s rights. The rise of influence from social media and mass media have also educated and exposed young adults to the issue of abortion. So, we see how many factors have contributed to young and old people, including males, to form opinions on the matter.
Underage people are prohibiting smoking, drinking, or going in field trips without their parents’ permission. Therefore, how can a teenage girl have an abortion without the approval of her parents? Abortion itself is a controversial subject, and underage abortion is even more controversial. Minors should not have an abortion without the consent of their parents or their legal guardians for a variety of reasons.
Women that push for an abortion do not always have a partner that agrees and supports their decision for terminating the pregnancy. If the father is willing to support and care for the fetus, it is wrong for a woman to go against his wishes and follow through with an abortion. For a father to want to be involved in the fetus’s life means he is willing to take on the responsibilities of having a child so he should have a say if his fetus should be terminated or not. The Becoming A Father/Refusing Fatherhood article states, “To be a father-as-progenitor a man simply has to provide the sperm that leads to conception, whereas to be a father-as-carer a man has to take on a variety of social roles. The roles associated with the father-as-carer
However, both the Courts’ case-by-case approach and the reasons recognised in Bellotti v. Baird as allowing a legitimate restriction of the constitutional rights of children are still echoed in the various State Minor Consent Laws that have been enacted in parallel with the development of the right to privacy within the Courts. They are also echoed in the provisions related to the parents and minors relationship found in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) in which minor’s right to privacy is also seen in light of parents’ right to privacy. Obvious in this Act is also the unwillingness of the legislator to allow the HIPAA to disrupt both parents’ and children’s rights as these have been formed within “state
326). Those arguing in this favor do not think the child needs to be included in the process since they do not make decisions on their own as it is. This does not “explicitly require or ban” a child’s involvement, but rather leaves it up to the parents’ discretion on a case-to-case basis.