LAW 5: Mental disability, rights and tragic dilemmas

Question 1

What are the rights at the beginning of life?

Answer 1

• foetus has no rights until birth
• fact that woman is pregnant has no effect on her legal rights in any way
• she can engage in any behaviour that is harmful to the foetus
• she can refuse medical treatment (including C-section), even if it risks life of baby

Question 2

abortion is a criminal offence according to the 1967 Abortion Act, unless?

Answer 2

1. pregnancy is <24 weeks and risks to the physical and mental health of woman/ any children in her family are greater than if preg continued
2. termination is necessary to prevent grave/permanent injury to mother
3. continuing preg would involve greater risk to life of woman than termination
4. substantial risk that child will be born with physical/ mental abnormalities