The (mis)use of fetal viability as the determinant of non-criminal abortion in the Netherlands and England and Wales.

Autor: Halliday S; Centre for Ethics and Law in the Life Sciences, Durham Law School, Durham DH1 3LE, UK., Romanis EC; Centre for Ethics and Law in the Life Sciences, Durham Law School, Durham DH1 3LE, UK.; Edmond and Lily Safra Center for Ethics and Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics, Harvard University, Cambridge, Massachusetts 02138, United States., de Proost L; Department of Obstetrics and Gynecology, Erasmus MC, The Netherlands.; Department of Medical Ethics, Philosophy and History of Medicine, Erasmus MC, The Netherlands.; Department of Neonatology, Erasmus MC, The Netherlands., Verweij EJ; Department of Obstetrics and Gynecology, Erasmus MC, The Netherlands.; Department of Obstetrics, Leiden University Medical Center, The Netherlands.
Jazyk: angličtina
Zdroj: Medical law review [Med Law Rev] 2023 Nov 27; Vol. 31 (4), pp. 538-563.
DOI: 10.1093/medlaw/fwad015
Abstrakt: Time plays a fundamental role in abortion regulation. In this article, we compare the regulatory frameworks in England and Wales and the Netherlands as examples of the centrality accorded to viability in the determination of the parameters of non-criminal abortion, demonstrating that the use of viability as a threshold renders the law uncertain. We assess the role played by the concept of viability, analysing its impact upon the continued criminalization of abortion and categorization of abortion as a medical matter, rather than a reproductive choice. We conclude that viability is misconceived in its application to abortion and that neonatal viability (relating to treatment of the premature infant) and fetal viability (related to the capacity to survive birth) must be distinguished to better reflect the social context within which the law and practice of abortion operate. We show how viability thresholds endanger pregnant people.
(© The Author(s) 2023. Published by Oxford University Press.)
Databáze: MEDLINE
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