Letter of the day | Abortion laws do not violate reproductive rights | Letters



Even as a simple man, I get the challenge that a woman faces when facing unwanted pregnancy, even if the cause is simply consensual but unprotected sex. I can easily understand the dilemma a woman faces when dealing with pregnancy resulting from rape or incest. I appreciate the terrible challenge a woman faces with one of those rare pregnancies where it’s a mix between her life and that of the child.

What remains a major logical puzzle for me is the view that abortion laws violate a woman’s reproductive rights. I don’t understand that. What do you mean, I always wonder?

Think hard with me for a few minutes. No abortion law taboos sex except those that are not consensual and therefore rape is a crime! Any woman who is not a minor can have sex and, if she is fertile, can become pregnant, and unless I am confused here, each of these women by becoming pregnant HAS EXERCISED HER RIGHT TO REPRODUCE. Isn’t pregnancy the same as reproduction but not exactly synonymous with childbirth?

No law on abortion, even excessively strict, can deprive a fertile woman of her right to reproduce.


Abortion laws therefore do not interfere with a woman’s right to reproduce, but such laws limit her right to terminate the fruit of the exercise of her reproductive right. This is perfectly understandable because in law as in gynecology there are at least two lives to be reckoned with, and both deserve protection and the vulnerable unborn child enjoys special protection in legal documents and conventions and quasi – legal. I’m reminding you / informing you of a few now.

As lawyer / philosopher / theologian Professor John Warwick Montgomery points out: “… In the field of property law, Anglo-American jurisprudence has maintained a remarkable concern for the rights of the fetus… In this area of ​​common law – property rights – where the protections offered are the most unconditional and absolute (in rem), the fetus was most systematically recognized from the moment of conception… ” (In his Massacre of the Innocents, 116)

Montgomery goes on to say that international and comparative human rights law favors the unborn child, as does the Non-Binding Declaration of the Rights of the Child which states in its preamble that the child “needs legal protection before as well as after birth ”. (118) On the same page, Montgomery adds that “the American Convention on Human Rights, which entered into force in 1978, declares (Article 4) that” Everyone has the right to respect for his life. This right is protected by law and, in general, from conception… ”

It seems that it is largely forgotten that the United Nations in their Declaration of the Rights of the Child (1950, and again in 1989) stated in the preamble:

“While the child, because of his physical and mental immaturity, needs guarantees and special care, including appropriate legal protection, before and after birth …”

So let’s be clear that reproductive rights are not and indeed cannot be compromised or countered by even a strict abortion law, as there is no known law that prevents any fertile adult woman from dying. ” have sex and become pregnant. A pregnant woman is a woman who has reproduced, who has exercised her reproductive rights!

Despite our emotional feelings, let us all engage in firm reflection at all times and on all matters of importance and concern to society.



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