A Critical Analysis of the Abortion Laws in Trinidad and Tobago
Abortion is the deliberate termination of a human pregnancy. In Trinidad and Tobago, abortion is illegal as stated in sections 56 and 57 of the Offences Against the Person Act. The main issues surrounding the illegality of abortion in Trinidad and Tobago is whether such laws are unconstitutional or inconsistent with the Convention on the Elimination of All Forns of Discrimination Against Women (CEDAW). This paper will examine section 4 (c) of the Constitution of Trinidad and Tobago, as this section states that citizens have the right of the individual to respect for his private and family life. CEDAW provisions which speak about women’s reproductive rights will also be discussed. The case of R v Bourne will be discussed as this was a landmark case regarding abortion and it changed the interpretation of the abortion laws in England. The position adopted in this case has been adopted in Trinidad. The case of A, B and C v Ireland will be analysed because, it interprets a section of the European Convention on Human Rights which speaks about a right to respect of private and family life, similar to s.4(c) of the Constitution. L.C v Peru will also be discussed as this case shows how CEDAW deals with abortion. This paper will show that the abortion laws in Trinidad and Tobago are constitutional and consistent with CEDAW.
The law regarding abortion in Trinidad and Tobago is “ Every woman, being with child, who, with intent to procure her own miscarriage, unlawfully administers to herself any poison or other noxious thing, or unlawfully uses any instrument or other means whatsoever with the like intent, and any person who, with intent to procure the miscarriage of any woman...
... middle of paper ...
...t Trinidadian courts will stray from this interpretation. As stated by Douglas Mendes, local courts, although not bound by Irish decisions, will still closely consider the Irish position on abortion. Also, the position in Ireland on abortion is similar to that in Trinidad and Tobago, that is, abortion would be allowed when it is necessary to preserve the life of the mother. Section 4(c) of the Constitution, can therefore be interpreted as not giving women the right to have an abortion. Following this, the illegality of abortion in Trinidad and Tobago is constitutional as it does not breach the right to respect for private and family life. However, as highlighted by the Court in A, B and C v Ireland , there is a need for sufficient legislation to be implemented in order to effectively give women access to legal abortions and provide them with sufficient information.
Thomson starts off her paper by explaining the general premises that a fetus is a person at conception and all persons have the right to life. One of the main premises that Thomson focuses on is the idea that a fetus’ right to life is greater than the mother’s use of her body. Although she believes these premises are arguable, she allows the premises to further her explanation of why abortion could be
Abortion is a national issue, but in Canada they handle things differently. Although abortion is legal in Canada, there are so many barriers that can restrict the access to women having abortions.
Controversy and arguments that were setbacks in the ongoing battle for women’s rights, specifically the right to an abortion, were put to slight a rest with the landmark verdict of Roe v. Wade. The revolution in reproductive rights caused by Roe v. Wade evolved from a spark in the hearts of women everywhere. When women claimed their rights as humans, that was when the face of women’s equality in all aspects started to change. The case of Roe v. Wade was the official legalization of a woman’s constitutional right to get an abortion in the United States, but the aftermath of any case is what makes or breaks the future laws and regulations. Through all of the restrictions, regulations, and loopholes, Roe v. Wade’s verdict stuck and continued to
In this paper I will be arguing in favor of Judith Jarvis Thomson view point on abortion. I am defending the use abortion and only in the first trimester. I will consider Don Marquis objections of the practice but ultimately side with Thomson.
As one knows, some unwanted pregnancies could often be harmful and distressing for a woman. Women should have the right over their body to choose to sustain the fetus or not. In the past decades, women did not have their freedom of abortion in many countries of the world. There have always been controversies going on about abortion. Each individual has dissimilar views on the legality of abortion. Some people are against abortion for personal religious purposes and beliefs. For those who don’t believe in abortion, it is because they see it as killing a fetus, which is a human being. Others support abortion because they believe in women’s rights. Laws of abortion vary in each country, and abortion is not legal all over the world. It is illegal under any conditions but only permitted to save woman’s life if in countries such as Brazil, Nigeria, United Arab Emirates, and Ireland. However, abortion is legal without any restrictions in countries like Canada, Albania, and Italy. It the past decades Abortion was considered as criminal act in Canada. “If an abortion was carried out without such approval, the woman was liable for imprisonment for 2 years, an...
Thomson appeals to the strongest case for abortion, rape, to define the rights of the fetus and the pregnant person. Thomson concludes that there are no cases where the person pregnant does not have the right to choose an abortion. Thomson considers the right to life of the pregnant person by presenting the case of a pregnant person dying as a result of their pregnancy. In this case, the right of the pregnant person to decide what happens to their body outweighs both the fetus and the pregnant person’s right to life.
Abortion is arguably the most controversial topic in all the issues revolving around reproduction. Women of all different races, classes, and religions have been practicing abortion since before the colonial era in America. The laws pertaining to abortion have changed many times, adding and removing discrepancies and stipulations throughout many years, and still to this day. The views of abortion in society during different time periods have also changed and adapted. At the time of Sarah Grosvenor’s decision to abort, the laws pertaining to abortion did not make the act fully illegal. However in years after Grosvenor’s case abortion was outlawed. The law played a minor part in women’s decisions to have an abortion, however society, and gender played the most prominent role in the decision of abortion.
Abortion has so many different view points on the topic, some positive some negative. Roe verse Wade played a huge part in the decision making process on abortion. Everyone has their own opinions about abortion but the opinion concerning when life begins had a significant effect on a person’s views concerning whether they are for or against abortion. The studies of long term effects from abortion on women are traumatic and devastating. They can include mental, physical, and emotional problems after an abortion.
There are many limitations valued when it comes to the right of abortion. The news media still outlines the pros and cons of anti-abortion rights in certain-states-to soon, the entire country. My perspectives on the issue of abortion have been entitled from it to never be banned among citizen’s rights. The reproduction of pregnancy has been emphasized heavily on a mother’s decision to abort their child, but the father of the child plays an active role since he considers to that particular title. Through this current issue, majority of the people against abortion do not seem to have an open mind to how much it primarily affects the decision of the mother amongst her own views of considering abortion.
In 1968-69 the Criminal Law Amendment Act, 1968-69 introduced by Pierre Trudeau's Liberal government, legalized abortion in Canada as long as a committee of doctors signed off that it was necessary for the physical or mental well-being of the mother. In 1988, the Supreme Court of Canada ruled in R. v. Morgentaler that the existing laws were unconstitutional and struck down the 1969 law. Abortions in Canada are provided on request and funded by Medicare, to Canadian citizens and permanent residents (as with most medical procedures) in hospitals across the country. While the Canada Health Act has been interpreted by the federal government as requiring provinces to fund abortion clinics fully, Nova Scotia provides only limited funding, and New Brunswick and Prince Edward Island provide no funding for clinics. (Wikipedia)
In conclusion, abortion is a big issue in all over the world. Abortion is preventing a human being from being born. Women who practice an abortion can encounter many consequences. A woman has to consider that she is putting her life, and the baby’s life at risk. However, some people think that having an abortion is a good idea. For this reason, the government has not completely abolished abortion because many women believe that nobody should interfere when it comes to making a decision over their body. They feel that their rights should not be violated.
Over the course of the last century, abortion in the Western hemisphere has become a largely controversial topic that affects every human being. In the United States, at current rates, one in three women will have had an abortion by the time they reach the age of 45. The questions surrounding the laws are of moral, social, and medical dilemmas that rely upon the most fundamental principles of ethics and philosophy. At the center of the argument is the not so clear cut lines dictating what life is, or is not, and where a fetus finds itself amongst its meaning. In an effort to answer the question, lawmakers are establishing public policies dictating what a woman may or may not do with regard to her reproductive rights.
The permissibility of abortion has been a crucial topic for debates for many years. People have yet to agree upon a stance on whether abortion is morally just. This country is divided into two groups, believers in a woman’s choice to have an abortion and those who stand for the fetus’s right to live. More commonly these stances are labeled as pro-choice and pro-life. The traditional argument for each side is based upon whether a fetus has a right to life. Complications occur because the qualifications of what gives something a right to life is not agreed upon. The pro-choice argument asserts that only people, not fetuses, have a right to life. The pro-life argument claims that fetuses are human beings and therefore they have a right to life. Philosopher, Judith Jarvis Thomson, rejects this traditional reasoning because the right of the mother is not brought into consideration. Thomson prepares two theses to explain her reasoning for being pro-choice; “A right to life does not entail the right to use your body to stay alive” and “In the majority of cases it is not morally required that you carry a fetus to term.”
Since the early 1970’s abortion has been an important issue to the United States (Tietze 1). The problem begins with whether it is the woman’s choice to keep or terminate her pregnancy or the government’s choice. When this problem happens, a woman loses her right as a person. Most women argue about this issue, but if you look at it, it is the woman’s body, and she should do with it as she pleases. I believe that if a woman, under the right circumstances, should be able to make her own choices in life and not be influenced by family or the government.
Right now, thousands of women face a life changing decision, whether to follow through with a pregnancy or going through the process of abortion. An abortion is the process of removing an unborn offspring, known as a fetus, from the woman’s uterus in order to terminate the pregnancy. The confrontational topic is divided between the views of pro-life and pro-choice. Advocates for pro-life strongly believe that the unborn baby should be protected. Whereas, pro-choice supporters believe the decision of what happens to the unborn baby is completely a right of the woman. After analyzing the bioethical implications of abortion, through the legal verses illegal and choice verses life stances, one will perceive that laws should be governed in support of pro-choice across the nation.