Bodily Rights

The rare but severe cerebral venous thrombosis occurring in some AstraZeneca vaccine recipients has prompted some governments to suspend part of their COVID-19 vaccination programmes. Such suspensions have faced various challenges from both scientific and ethical angles. Most of the criticisms against such suspensions follow a consequentialist approach, arguing that the suspension will lead to more harm than benefits. In this paper, I propose a rights-based argument against the suspension of the vaccine rollouts amid this highly time-sensitive combat of COVID-19. (...) I argue that by suspending a vaccine rollout, a government infringes people's right to take the risks they deem worth taking for their health. I also consider four potential objections to my argument and explain why none of them undermines my argument. (shrink)

This article asks whether personal ventilators should be redistributed to maximize lives saved in emergency condition, like the COVID-19 pandemic. It begins by examining extant claims that items like ventilators are literally parts of their user’s bodies. Arguments in favor of incorporation for ventilators fail to show that they meet valid sufficient conditions to be body parts, but arguments against incorporation also fail to show that they fail to meet clearly valid necessary conditions. Further progress on this issue awaits clarification (...) of difficult normative, conceptual, and metaphysical questions about the possible boundaries of a person’s body. Rather than relying solely on incorporation arguments, we propose an argument against reallocation from widely accepted anti-discrimination principles. Possession of a personal ventilator is an obvious marker of disability identity; thus, reallocating ventilators from those that already possess them discriminates on the basis of a stigmatized trait – a paradigm case of presumptively wrongful discrimination. This discrimination claim, taken together with uncertainty about the bodily status of ventilators, yields a strong presumption against personal ventilator reallocation. (shrink)

The debate regarding the role of conscientious objection in healthcare has been protracted, with increasing demands for curbs on conscientious objection. There is a growing body of evidence that indicates that in some cases, high rates of conscientious objection can affect access to legal medical services such as abortion—a major concern of critics of conscientious objection. Moreover, few solutions have been put forward that aim to satisfy both this concern and that of defenders of conscientious objection—being expected to participate in (...) the provision of services that compromise their moral integrity. Here we attempt to bring some resolution to the debate by proposing a pragmatic, long-term solution offering what we believe to be an acceptable compromise—a quota system for medical trainees in specialties where a conscientious objection can be exercised, and is known to cause conflict. We envisage two main objectives of the quota system we propose. First, as a means to introduce conscientious objection into countries where this is not presently permitted. Second, to minimise or eliminate the effects of high rates of conscientious objection in countries such as Italy, where access to legal abortion provision can be negatively affected. (shrink)

Is the “act itself” of separating a pregnant woman and her previable child neither good nor bad morally, considered in the abstract? Recently, Maureen Condic and Donna Harrison have argued that such separation is justified to protect the mother’s life and that it does not constitute an abortion as the aim is not to kill the child. In our article on maternal–fetal conflicts, we agree there need be no such aim to kill (supplementing aims such as to remove). However, we (...) argue that to understand “abortion” as performed only where the death of the child is intended is to define the term too narrowly. Respect for the mother, the fetus, and the bond between them goes well beyond avoiding any such aim. We distinguish between legitimate maternal treatments simply aimed at treating or removing a damaged part of the woman and illegitimate treatments that focus harmfully on the fetal body and its presence within the mother’s body. In obstetrics as elsewhere, not all side effects for one subject of intervention can be outweighed by intended benefits for another. Certain side effects of certain intended interventions are morally conclusive. (shrink)

What does it mean to respect life and health in an innocent fellow-human being? Separating conjoined twins where one twin will die as a result need not involve the intention to kill or harm. Arguably, however, not all side-effects are “mere” side-effects which could, in principle, be outweighed by sufficiently good intended effects. Rather, foreseen serious harm for an innocent person we non-therapeutically affect can be morally conclusive when linked to the intention to affect the person’s body or invade the (...) space it fills. In the case of infant conjoined twins, such as the Maltese twins Jodie and Mary, the twin who dies from separation has no unjust, or any, intentions as regards the twin saved. She thus has the moral immunity of any innocent person from lethal bodily invasions and other serious bodily harm. Neither the final act which killed Mary nor previous acts of cutting into Mary, including parts shared with her twin Jodie, were therefore morally permissible. (shrink)

We argue that at least some corvids morally ought to be granted a right to bodily liberty in the US legal system and relevantly similar systems. This right would grant immunity to frivolous captivity and extermination. Implementing this right will require new legislation or the expansion of existing legislation including the elimination of various "pest" clauses. This paper proceeds in three parts. First, we survey accounts of the moral grounds of legal rights. Second, to establish an overlapping consensus supporting corvid (...) bodily liberty rights, we survey the empirical literature on corvid cognition. Third, we illustrate what a corvid right to bodily liberty might look like, by looking to recent developments in animal law, as well as previous advocacy on behalf of primates and cetaceans. (shrink)

John Martin Fischer has published a trilogy of papers discussing Judith Jarvis Thomson’s ground-breaking “A Defense of Abortion”. Fischer claims that neither the unconscious violinist nor the people-seeds thought experiment is persuasive, and he concludes that Thomson’s arguments are incomplete in the sense that they require further support to secure the permissibility of abortion in their respective contexts of pregnancy resulting from rape and pregnancy resulting from voluntary intercourse and contraceptive failure. My aim in this paper is to identify three (...) ways in which Fischer fails to faithfully capture the force of arguments in ADA. I also suggest that these failings are indicative of a general under-appreciation of how the arguments in ADA support a feminist strategy for resisting anti-abortionist arguments. The strategy is to emphasize that these arguments fail on their own terms when one takes into consideration the sacrifices expected of women carrying unwanted pregnancies compared to the sacrifices expected from men in other relevantly similar social contexts. To ignore this aspect of ADA shows a failure to appreciate its potential for supporting a feminist argument based on the equitable applications of our concepts of risk and responsibility. (shrink)

This book addresses the endangerment of children’s bodies in affluent societies. Bodily integrity is an important part of a child’s physical and mental well-being, but it can also be violated through various threats during childhood; not only affecting physical health but also causing mental damage and leading to distortions in the development of the self. The authors give an account of three areas, which present different serious dangers: (1) body and eating, (2) body and sexuality, and (3) body and violence. (...) Through an in-depth examination of the available theoretical and empirical knowledge, as well as a thorough ethical analysis, the central injustices in the mentioned areas are identified and the agents with responsibilities towards children displayed. The authors conclude by providing invaluable insight into the necessity of an ethical basis for policies to safeguard children and their bodies. (shrink)

Available from UMI in association with The British Library. Requires signed TDF. ;The language of rights has become highly respectable in Church circles and in the works of Christian ethicists, especially since the end of the Second World War. The literature on this subject is immense, yet much of this writing avoids the basic analytical issues presented by this form of moral language. This thesis begins with the conviction that theologians can learn a good deal about the value of the (...) language of rights from recent literature on the subject in moral philosophy and in jurisprudence or legal philosophy. ;Once one begins to study the analytical issues connected with the language of rights, one is confronted with the possibility of a radical scepticism regarding its value. Thus, the opening chapters of this work attempt to show forth this scepticism and to overcome it. In doing so one is challenged to clarify the concept of rights with the help of various useful distinctions, e.g. between 'human rights' and 'special moral rights', 'mandatory' and 'discretionary' rights; and a 'cluster' of legal concepts borrowed from Wesley Hohfeld and applied in the moral sphere: 'Claims', 'liberties', 'powers' and 'immunities'. These clarificatory distinctions help to overcome scepticism and provide a flexible form of moral language, useful both to philosophers and theologians. ;If philosophy is the 'handmaid of theology' in helping analyse and clarify the language of Christian ethics, it must be recognised that the Christian tradition has much to offer in understanding the proper significance of the human need to claim what is due. Although this thesis is primarily methodological and metaethical, I insist on uncovering basic normative ethical positions underlying the language of rights. In particular, I stress the Christian understanding of human dignity as the foundation of the language of rights. ;In the second part of my thesis I try to show how the clarification of the language of rights helps in discussing the issues involved in the area of reproductive rights. This includes some analysis of the values associated with human procreation and the normative relationships expressed by the language of rights and duties. The complexity of rights-language is shown in the context of a discussion of controversial subjects, from population control to treatment for infertility. (shrink)

When an abortion is performed, someone dies. Are we killing an innocent human person? Widespread disagreement exists. However, it’s not necessary to establish personhood in order to establish the wrongness of abortion: a substantial chance of personhood is enough. We defend The Don’t Risk Homicide Argument: abortions are wrong after 10 weeks gestation because they substantially and unjustifiably risk homicide, the unjust killing of an innocent person. Why 10 weeks? Because the cumulative evidence establishes a substantial chance (a more than (...) 1 in 5 chance) that preborn humans are persons around this stage of development. We submit evidence from our bad track record, widespread disagreement about personhood (after 10 weeks gestation), problems with theories of personhood, the similarity between preborn humans and newborn babies, gestational age miscalculations, and the common intuitive responses of women to their pregnancies and miscarriages. Our argument is cogent because it bypasses the stalemate over preborn personhood and rests on common ground rather than contentious metaphysics. It also strongly suggests that society must do more to protect preborn humans. We discuss its practical implications for fetal pain relief, social policy, and abortion law. (shrink)

This book looks at a family of views involving the pro-life view of abortion and Christianity. These issues are important because major religious branches (for example, Catholicism and some large branches of Evangelicalism) and leading politicians assert, or are committed to, the following: (a) it is permissible to prevent some people from going to hell, (b) abortion prevents some people from going to hell, and (c) abortion is wrong. They also assert, or are committed to, the following: (d) it is (...) permissible to use defensive violence to prevent people from killing innocents, (e) doctors who perform abortions kill innocents, and (f) it is wrong to use defensive violence against doctors who perform abortions. In this book, I argue that these and other principles are inconsistent. (shrink)

Ellie Anderson had always known that she wanted to have children. Her mother, Louise, was aware of this wish. Ellie was designated male at birth, but according to news sources, identified as a girl from the age of three. She was hoping to undergo gender reassignment surgery at 18, but died unexpectedly at only 16, leaving Louise grappling not only with the grief of losing her daughter, but with a complex legal problem. Ellie had had her sperm frozen before starting (...) hormone treatment, specifically so that she would retain the chance of becoming a parent after her gender reassignment. Ellie had considered what might happen to the sperm if she died and was adamant that her children should be brought into the world. She made her mother promise to ensure that this would happen. But according to UK law, Ellie’s mother has no legal right to retain her sperm, or to use it to fulfil Ellie’s wishes. In this paper, we raise several key ethical questions on this case, namely: does a refusal to bring Ellie’s children into the world wrong her posthumously? Is Ellie’s mother morally entitled to use her daughter’s sperm as Ellie wished? Should the fact that Ellie was a minor at the time of her death or the fact that she was transgendered undermine her wish to have children? Can Ellie become a parent posthumously? We consider how these complex ethical questions could be approached. (shrink)

In this article, I critique the commonly accepted distinction between commercial and altruistic surrogacy arrangements. The moral legitimacy of surrogacy, I claim, does not hinge on whether it is paid (‘commercial’) or unpaid (‘altruistic’); rather, it is best determined by appraisal of virtue-abiding conditions constitutive of the surrogacy arrangement. I begin my article by problematising the prevailing commercial/altruistic distinction; next, I demonstrate that an assessment of the virtue-abiding or non-virtue-abiding features of a surrogacy is crucial to navigating questions about the (...) moral legitimacy of surrogacy; in the final part, I reject other moral heuristics that might be proposed as alternatives to the commercial/altruistic dichotomy, and reiterate that a virtue-ethical framework is the most suitable way forward. (shrink)

Reproduction has entered a new ice age: the ability to cryopreserve reproductive cells, tissue and embryos are fundamentally changing our understanding of what it means to be a reproductive citizen. This book explores the ways in which opinions of desirable reproductive futures are feared or are being welcomed by advances in freezing technologies, with the authors situating their discussions of cryo-fertility primarily within the Scandinavian region, asking: * How does cryopreservation help mobilize particular understandings of reproductive time, reproductive rights and (...) reproductive autonomy? * What values are embedded within Scandinavian laws that seek to regulate cryotechnologies? * How do men and women who freeze their gamets imagine the preservation of their material? -/- These questions demand a collaborative approach. The authors empirically cut across the areas of bioethics/law, practices/experiences and culture/commerce in order to pin down often comples and far-reaching answers. (shrink)

The reproductive rights of women have been a central topic in feminist bioethics. The focus has been predominantly on the right not to reproduce, and so not to be subject to pronatalist social forces that make motherhood compulsory for women. That is the case despite many women and other members of marginalized groups experiencing anti-natalism, or in other words, social pressure to avoid biological reproduction. For these groups, the right to reproduce is as important, if not more important, than the (...) right not to reproduce. This chapter concentrates on the right to reproduce and considers what form it should take in feminist bioethics. The main claim of the chapter is that feminists should ground the right in the need to protect marginalized groups from anti-natalism. (shrink)

Recent publications debate the value of inconsistency arguments. Here, I argue that 'Cause of Death Arguments' - inconsistency arguments that claim miscarriage causes death far more often than induced abortion - are unsound or invalid. 'Miscarriage' ambiguously refers both to intrauterine death, an outcome that does not itself cause death, and preterm delivery, which only sometimes causes death. The referential ambiguity also obscures actions people do take to prevent 'miscarriage.' When using the most plausible versions of each premise, these arguments (...) equivocate. Thus, they cannot prove anything. However, missing the equivocation also causes those responding to Cause of Death Arguments to make unconvincing arguments; they inadvertently make or grant false claims themselves. To avoid such mistakes and expose the merely rhetorical power of Cause of Death Arguments, philosophers should replace 'miscarriage' with disambiguated terms. Doing so should lead people across the abortion debate to finally abandon the Cause of Death Argument. (shrink)

Reseña del II Simposio de Ética Aplicada: la moralidad del aborto, evento organizado por el grupo de investigación Sentido y Referencia (Lima, Perú, 2018).

There are some cases in which the government should coerce its citizens into providing care to vulnerable persons. For example, suppose that a woman and her infant are snowed in a cabin, and that the only available food for the infant is her mother's breastmilk. The government should coerce the mother into breastfeeding her infant. This fact, however, has significant implications: first, it shows that David Boonin's recent argument for legalised abortion fails. And second, it shows that (given fetal personhood) (...) abortion should be illegal. (shrink)

With the cure rate for many pediatric malignancies now between 70% and 90%, infertility becomes an increasingly important issue. Strategies for preserving fertility in girls and adolescent women occur in two distinct phases. The first phase includes oophorectomy and cryopreservation of ovarian cortex slices or individual oocytes; ultrasound-guided needle aspiration of oocytes, with or without in vitro maturation, followed by cryopreservation; and ovarian autografting to a distant site. The second phase occurs if the woman chooses to pursue pregnancy, and includes (...) IVM of the oocytes, followed by in vitro fertilization and transfer of any created embryos to the woman's uterus. For ovarian autografting, the woman would undergo menotropin ovarian stimulation and retrieval of matured oocytes. The ethical challenges with each of these phases are many of fertility preservation and include issues of informed choice. The lack of proven benefit with these strategies and the associated potential physical and psychological harms require careful attention to the key elements of informed choice, which include decisional capacity, disclosure, understanding and voluntariness, and to the benefits of in-depth counseling to promote free and informed choice at a time that is emotionally difficult for the decision makers. (shrink)

Recent years have seen a surge of interest in the question of whether humans should reproduce. Some say human life is too punishing and cruel to impose upon an innocent. Others hold that such harms do not undermine the great and possibly unique value of human life. Tracing these outlooks historically in the debate has barely begun. What might philosophers have said, or what did they say, about human life itself and its value to merit reproduction? This article looks to (...) Kant, who wrote much on whether, by reproducing, humans do wrong or right morally. It assesses two main arguments: one examining whether perfect or imperfect duties condone reproduction, the other whether Kant’s teleological or, in the opposite sense, his eschatological outlooks can salvage reproduction. These two arguments are essential for building the entire argument. This article finds that, although Kant’s arguments against reproducing are strong, some of his writing seems to support reproduction as a good. Yet, must we must assume an author, even one who strove for systematicity, must be consistent over his entire oeuvre on every issue, especially if not handled directly in a single work? The article concludes that Kant does not sufficiently, systematically support anti-natalism as more moral than pro-natalism. It is best for the current debate to grapple with the very dilemma that daunted Kant. (shrink)

This paper raises three concerns regarding self-ownership rhetoric to describe autonomy within healthcare in general and reproductive justice in specific. First, private property and the notion of “ownership” embedded in “self-ownership,” rely on and replicate historical injustices related to the initial acquisition of property. Second, not all individuals are recognized as selves with equal access to self-ownership. Third, self-ownership only justifies negative liberties. To fully protect healthcare access and reproductive care in specific, we must also be able to make claims (...) on others to respect, protect, and fulfill our positive rights. As much as nondomination remains an urgent demand for reproductive rights, it does not go far enough to ensure reproductive justice. (shrink)

Many accounts of the morality of abortion assume that early fetuses must all have or lack moral status in virtue of developmental features that they share. Our actual attitudes toward early fetuses don’t reflect this all-or-nothing assumption: early fetuses can elicit feelings of joy, love, indifference, or distress. If we start with the assumption that our attitudes toward fetuses reflect a real difference in their moral status, then we need an account of fetal moral status that can explain that difference. (...) I argue that we can have or lack relational obligations to early fetuses in light of our own activities or choices, independent of the fetus’s own features or properties. Those relational obligations make the early fetus morally considerable to the persons who stand in a moral relation to it. Pregnant persons (and other participants in the procreative process) can come to have relational obligations to an early fetus just in virtue of their own decision to create a person, either by intentionally getting pregnant or by deciding to continue a pregnancy. That decision not only makes it appropriate for them to care about the fetus, but it also generates obligations to the fetus that they didn’t have before that decision. (shrink)

Recent years have illustrated how the reproductive realm is continuously drawing the attention of medical and legal experts worldwide. The availability of technological services to facilitate reproduction has led to serious concerns over the right to reproduce, which no longer is determined as a private/personal matter. The growing technological options do implicate fundamental questions about human dignity and social welfare. There has been an increased demand for determining (a) the rights of prisoners, unmarried and homosexuals to such services, (b) concerns (...) over child’s information and health needs, (c) claims for wrongful birth and wrongful life, (d) the role of donors and physicians, (e) posthumous reproduction etc. In addition, the role of national and international law has been emphasized for an efficient system of functioning and delivery. This paper is an attempt to explore the pressing claims to reproductive choices, coupled with a marked increase in demand for legislative intervention in India. (shrink)

There is a growing trend across North America of women being criminalized for their pregnancy outcomes. Rather than being a series of aberrations resulting from institutional failures, we argue that this trend is part of a colonial strategy of administrative violence aimed at women of color and Native women across Turtle Island. We consider a range of medical and legal practices constituting gender-based administrative violence, and we argue that they are the result of non-accidental and systematic production of population-level harms (...) that cannot be disentangled from the goals of ongoing settler occupation and dispossession of Indigenous lands. While white feminist narratives of gender-based administrative violence in Latin America function to distance the places where such violence occurs from the ‘liberal democratic’ settler nation-states of the U.S. and Canada, we hold that administrative forms of reproductive violence against Latin American women are structurally connected to efforts in the U.S. and Canada to criminalize women of color and Indigenous women for their reproductive outcomes. The purpose of these systemically produced harms is to sustain cultures of gender-based violence in support of settler colonial configurations of power. (shrink)

Post-mortem reproduction is a complex and contested matter attracting attention from a diverse group of scholars and resulting in various responses from a range of countries. Vietnam has been reluctant to deal directly with this matter and has, accordingly, permitted post-mortem reproduction implicitly. First, by analysing Vietnam’s post-mortem reproduction cases, this paper reflects on the manner in which Vietnamese authorities have handled each case in the context of the contemporary legal framework, and it reveals the moral questions arising therefrom. The (...) article then offers an account of Vietnamese social norms as an explanation for the tendency to conduct post-mortem reproduction. In arguing that a deeper and more thorough examination of the moral and ethical reasoning is required, the paper advocates in favour of supportive post-mortem reproduction regulation. In doing so, the paper seeks to reconcile the Vietnamese legal framework and post-mortem reproduction experiences of other countries. The article concludes that Vietnam and countries sharing the similar cultural traits should permit post-mortem reproduction explicitly. This would require full engagement with the ethical and legal issues arising, and careful promulgation of regulations and guidelines based on comparative experiences of a range of countries in handling this matter. (shrink)

The ethics of abortion considers whether abortion is immoral. Pro-choice philosophers think that it is not immoral, while pro-life philosophers think that it is. The axiology of abortion considers whether world would be better if the pro-choice or pro-life position is right. While much attention has been given to the ethics of abortion, there has been no attention given to the axiology of abortion. In this article, I seek to change that. I consider various arguments for thinking our world would (...) be better if the pro-choice position or the pro-life position is correct, ultimately concluding that it would be better if the pro-choice position is right. This is unfortunate, however, since there is no good reason to think the pro-choice position is correct. (shrink)

Disputes between separated couples over whether frozen embryos can be used in an attempt to create a child create a moral dilemma for public policy. When a couple create embryos intending to parent any resulting children, New Zealand’s current policy requires the consent of both people at every stage of the ART process. New Zealand’s Advisory Committee on Assisted Reproductive Technology has proposed a policy change that would give ex-partners involved in an embryo dispute twelve months to come to an (...) agreement before the embryos are destroyed. New Zealand’s current policy and the proposed policy both favour the person who wishes to avoid procreation. Two alternative policy approaches that do not favour procreative avoidance are considered. Using pre-fertilisation contracts to determine the decision reached in embryo disputes allows the couple’s wishes at the time the embryos are created to determine what happens to the embryos if they separate. However, pre-fertilisation contracts are agreements about healthcare and personal relationships, and changing circumstances can make enforcing such agreements unjust. Finally, it is argued that New Zealand’s Family Court system should be used to reach decisions that balance the interests of those involved in the dispute. (shrink)

The ethics of biological procreation has received a great deal of attention in recent years. Yet, as I show in this paper, much of what has come to be called procreative ethics is conducted in a strangely abstract, impersonal mode, one which stands little chance of speaking to the practical perspectives of any prospective parent. In short, the field appears to be flirting with a strange sort of practical irrelevance, wherein its verdicts are answers to questions that no-one is asking. (...) I go on to articulate a theory of what I call existential grounding, a notion which explains the role that prospective children play in the lives of many would-be parents. Procreative ethicists who want their work to have real practical relevance must, I claim, start to engage with this markedly first-personal kind of practical consideration. (shrink)

Embryo screening technologies offer important benefits to individuals who use them and society. These techniques can expand the reproductive options of many prospective parents and can contribute to reducing the burdens of disease and disability. Nonetheless, embryo screening techniques present individuals and societies with important ethical challenges. Here, I explore some of them. In particular, I discuss the costs for prospective parents of increased reproductive choices, as well as concerns about sanctioning problematic social norms, increasing social injustice, limiting the ways (...) societies can tackle diseases and disabilities, and promoting the commodification of children. (shrink)

This is a critical response to "Defending Eugenics", published in MBR in 2018.

Conscientious objection in healthcare has come under heavy criticism on two grounds recently, particularly regarding abortion provision. First, critics claim conscientious objection involves a refusal to provide a legal and beneficial procedure requested by a patient, denying them access to healthcare. Second, they argue the exercise of conscientious objection is based on unverifiable personal beliefs. These characteristics, it is claimed, disqualify conscientious objection in healthcare. Here, we defend conscientious objection in the context of abortion provision. We show that abortion has (...) a dubitable claim to be medically beneficial, is rarely clinically indicated, and that conscientious objections should be accepted in these circumstances. We also show that reliance on personal beliefs is difficult to avoid if any form of objection is to be permitted, even if it is based on criteria such as the principles and values of the profession or the scope of professional practice. (shrink)

This book introduces readers to the many arguments and controversies concerning abortion. While it argues for ethical and legal positions on the issues, it focuses on how to think about the issues, not just what to think about them. It is an ideal resource to improve your understanding of what people think, why they think that and whether their (and your) arguments are good or bad, and why. It's ideal for classroom use, discussion groups, organizational learning, and personal reading. -/- (...) From the Preface -/- To many people, abortion is an issue for which discussions and debates are frustrating and fruitless: it seems like no progress will ever be made towards any understanding, much less resolution or even compromise. -/- Judgments like these, however, are premature because some basic techniques from critical thinking, such as carefully defining words and testing definitions, stating the full structure of arguments so each step of the reasoning can be examined, and comparing the strengths and weaknesses of different explanations can help us make progress towards these goals. -/- When emotions run high, we sometimes need to step back and use a passion for calm, cool, critical thinking. This helps us better understand the positions and arguments of people who see things differently from us, as well as our own positions and arguments. And we can use critical thinking skills help to try to figure out which positions are best, in terms of being supported by good arguments: after all, we might have much to learn from other people, sometimes that our own views should change, for the better. -/- Here we use basic critical thinking skills to argue that abortion is typically not morally wrong. We begin with less morally-controversial claims: adults, children and babies are wrong to kill and wrong to kill, fundamentally, because they, we, are conscious, aware and have feelings. We argue that since early fetuses entirely lack these characteristics, they are not inherently wrong to kill and so most abortions are not morally wrong, since most abortions are done early in pregnancy, before consciousness and feeling develop in the fetus. -/- Furthermore, since the right to life is not the right to someone else’s body, fetuses might not have the right to the pregnant woman’s body—which she has the right to—and so she has the right to not allow the fetus use of her body. This further justifies abortion, at least, until technology allows for the removal of fetuses to other wombs. Since morally permissible actions should be legal, abortions should be legal: it is an injustice to criminalizing actions that are not wrong. -/- In the course of arguing for these claims, we: 1. discuss how to best define abortion; 2. dismiss many common “question-begging” arguments that merely assume their conclusions, instead of giving genuine reasons for them; 3. refute some often-heard “everyday arguments” about abortion, on all sides; explain why the most influential philosophical arguments against abortion are unsuccessful; 4. provide some positive arguments that at least early abortions are not wrong; 5. briefly discuss the ethics and legality of later abortions, and more. -/- This essay is not a “how to win an argument” piece or a tract or any kind of apologetics. It is not designed to help anyone “win” debates: everybody “wins” on this issue when we calmly and respectfully engage arguments with care, charity, honesty and humility. This book is merely a reasoned, systematic introduction to the issues that we hope models these skills and virtues. Its discussion should not be taken as absolute “proof” of anything: much more needs to be understood and carefully discussed—always. (shrink)

Consensus statement by UK teachers of medical ethics and law.

Review of book by Cynthia Daniels, At Women's Expense: State Power and the Politics of Fetal Rights.

This chapter considers ethical issues involved in genetic testing and screening for susceptibility to various forms of cancer.

Reproductive ageing has effects on individual and public health, now and in generations to come. This volume of presentations from a conference at the Royal College of Obstetricians and Gynaecologists brings together a diverse but timely set of contributions.. in ny chapter I specifically examine the responsibilities of the College to women outside normal reproductive age.

In this article I evaluate a resurrected French resistance movement--to biotechnological commodification. The official French view that ‘the body is the person’ has been dismissed as a ‘taboo’ by the French political scientist Dominique Memmi . Yet France has indeed resisted the models of globalised commodification adopted in US bioechnology, as, for example, when the government blocked a research collaboration between the American firm Millennium Pharmaceuticals and a leading genomics laboratory, le Centre d’Etude du Polymorphisme Humain, on the grounds the (...) ‘French DNA’ should not be given away. -/- This example, however, itself suggests why the ‘new French Resistance’ is not altogether liberating. The absolutist conception of all bodies as belonging to the French state—indeed, as constituting the body politic —is so potentially invasive that a counter-ideology of inviolability of the body is maintained assiduously. This inviolability is defended particularly strongly against commercialisation, but only at the moment when tissue is taken from the individual subject, who is not to be paid or compensated-- although commercial enterprises who subsequently use the tissue are not similarly constrained. -/- . (shrink)

Does advocating women's reproductive rights require us to believe that women own property in their bodies? In this chapter I conclude that it does not. Although the concept of owning our own bodies — ‘whose body is it anyway?’ — has polemical and political utility, it is incoherent in philosophy and law. Rather than conflate the entirely plausible concept of women’s reproductive rights and the implausible notion of property in the body, we should keep them separate, so that the weakness (...) of the second concept does not contaminate the purity of the first. (shrink)

A ‘should’ question normally signals work for an ethicist but this ethicist’s task is complicated by the normative dimension of all the chapters in this volume. Each author was asked to come up with three recommendations from their own subject area – ’should’ statements deriving from the ‘is’ analysis that they present. If those prescriptions cover the relevant topics, what more is there for an ethicist to do? I have had a personal interest in obstetricians’ relationship with ‘older women’ since (...) being classified as an ‘elderly primigravida’ at the superannuated age of 26 years. Apart from that, however, what original contribution can I make? The convenors of the 56th RCOG Study Group gave me plentiful suggestions – perhaps a little too plentiful: How should the RCOG approach its constituencies, medical ethics, regulation and its relationship to government and the rest of the medical profession, i.e. the NHS and the market, vested interests, individuals or consumers, families, the unborn, doctors, drug companies, surrogacy, the unborn, trafficking, global adoption, law, research? I have to admit this was just too much for me. Instead, I want to argue for what may seem a self-evidently simple point. The RCOG describes its mission as ‘setting standards to improve women’s health’ – presumably all women. In the 6 years that I have served on the RCOG Ethics Committee, however, we have almost always been concerned with that minority of the female population who are of reproductive age. (shrink)

Whilst India has been debating how to regulate 'surrogacy' the UK has undergone a major consultation on increasing the amount of 'expenses'paid to egg 'donors', while France has recently finished debating its entire package of bioethics regulation and the role of its Biomedicine Agency. Although it is often claimed that there is no alternative to the neo-liberal, market-based approach in regulating (or not) reproductive medicine--the ideology prevalent in both India and the UK--advocates of that position ignore the alternative model offered (...) by France's tighter regulation, as well as its overarching concern with protecting the vulnerable and ensuring social justice. Whilst the concepts underpinning the French model of regulation also have their provenance in Western political philosophy and not in the developed world, they embody a very different attitude and suggest that there is indeed an alternative to letting the market decide. However, even in France that alternative is highly contested. (shrink)

Feminism offers three separate but equally important insights about human genetics and the new reproductive technologies. First, feminism is concerned with ways in which these new technologies have the potential to exploit women, particularly in the treatment of their reproductive tissue, while seeming to offer both sexes greater reproductive freedom. This risk has been largely ignored by much bioethics, which has concentrated on choice and autonomy at the expense of justice, giving it little to say about the concept of exploitation. (...) Second, feminist scholars have developed complex and subtle analyses of how women's labour is incorporated into the global bioeconomy in a gendered manner. Although feminist perspectives vary on such issues as surrogate motherhood, they have provided important studies of how women's labour is commodified in the new reproductive technologies. Finally, feminist analysts and activists have been among the leaders in identifying and resisting the threats from commodification and commercialisation in genetic research and patenting, which often affect women disproportionately. In all three areas, feminist writers have drawn specific attention to medical, economic and political impacts on women that had not been adequately considered. (shrink)

Although the term commodification is sometimes criticised as imprecise or overused, in fact it has a complex philosophical ancestry and can never be used too much, because the phenomena that it describes are still gaining ground. The issues that commodification raises in relation to reproductive technologies include whether it is wrong to commodify human tissues generally and gametes particularly, and whether the person as subject and the person as object can be distinguished in modern biomedicine. This chapter examines three areas (...) in which commodification is a serious concern for important reproductive technologies: the sale of eggs for IVF and research, the banking of umbilical cord blood, and the use of gestational surrogates both domestically and internationally. Sales of human eggs for IVF or research are frequently disguised as “gifts”, which conceals the very real bodily risks and harms associated with ovarian hyperstimulation and egg harvesting undergone by egg “donors.” Umbilical cord banking is a fast-growing industry, with donated cord blood trading globally at very high prices; women who consent to banking of cord blood ostensibly for the potential future benefit of their child may not be informed of the likelihood that it will be traded in commercial markets or that the method used for harvesting may increase risks of jaundice in their babies. Commercial surrogacy also exploits altruism but in addition involves wrongful sale of babies, particularly in the international context. In each example, the commodification of women’s reproductive labour is masked by the manner in which ‘the lady vanishes’ under a gift model, ignoring the true economic value of their labour. (shrink)

Many environmental philosophers have argued that there is an obligation for individuals to reduce their individual carbon footprints. However, few of them have addressed whether this obligation would entail a corresponding duty to limit one’s family size. In this paper, I examine several reasons that one might view procreative acts as an exception to a more general duty to reduce one’s individual greenhouse gas emissions. I conclude that none of these reasons are convincing. Thus, if there is an obligation to (...) reduce one’s unnecessary greenhouse gas emissions, then people should also limit the size of their families when they have the means to do so. (shrink)