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| quote: | Originally posted by DigiNut
Arbiter, I'm not much of an expert on obstetrics, but wouldn't she have done herself more harm in the end by refusing the operation?
I don't think the slippery slope you're talking about is an issue as long as it's made clear that the ruling is specific to the parental responsibility for a child, and the commonness of the operation. It was her choice to have the kid, she could have gotten an abortion long before that time. If the people in question were anyone but a mother and her child, or if it was a rare or potentially dangerous operation, then that would be a touchier issue. But I think the safety and mundaneness of the operation is what makes her refusal to undergo it so cruel, and as long as that specificity is made abundantly clear in any ruling, we need not worry about the slippery slope.
I also wouldn't call the child unborn - wouldn't this be called "stillborn?" There is a distinct difference. |
Well, "stillborn" means dead at birth, so it would never have been a living child if we define "child" to require having been born.
It's hard to say whether or not she would have done herself more harm by refusing the operation - although apparently she was downright horrified by the prospect of a C-section (for whatever reason), so there is a possibility of psychological side-effects.
All that aside, what you say does make a lot of sense - although I think such a law would have to be framed and placed into action in concrete terms before anyone could be charged under it. The statute this woman is being charged under is too broad, in my opinion, and I don't think murder is the right charge - some form of manslaughter or child neglect seems to be what would be called for.
Ultimately, what I'd like to see is a requirement that, at some stage of pregnancy, a woman has to make the choice to either abort or sign a contract which specifically outlines her rights and responsibilities should she choose to continue with the pregnancy. It concerns me when women in the late stages of pregnancy are suddenly making radical decisions to do one thing or another based purely on emotion, and then after the fact people start asking questions about whether it was acceptable or not. If we're going to consider these obligations to be the law, they need to be laid out in no uncertain terms.
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