Abortion: Dr. Morgentaler Case Analysis

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Abortion; “The deliberate termination of a human pregnancy, most often performed during the first 28 weeks of pregnancy” (Dictionary.com). Abortion and the law in Canada has one simple legislation, its legal. Abortion in Canada has always been legal but it has changed its structure over the years. Before 1988 women were allowed to get abortions only if the baby was affecting their health and only if they got consent from the health board. Abortion and the law is related to many perspectives such as historical which talks about abortion throughout the years. It is also related to the Morgentaler case which is about Dr. Henry Morgentaler who provided abortions to women illegally. Its related to, Moral and ethical issues which discuses the both…show more content…
If women needed abortion for health concerns they could get it done with consent and if they didn’t it would be considered illegal and they would be considered a criminal. “The law, which had been enacted in 1969, permitted abortions to take place only if an accredited four-member hospital committee determined a pregnancy would put a woman’s life or health in danger” (Cohen, 2013). In 1892 abortion was first mentioned into Canada’s criminal code. Parliament passed a law which stated that abortion was restricted and so was the sale of any type of contraceptives. After this law was enacted, finally in 1988 an official legislation was passed which allowed every single woman to get an abortion when needed or wanted to. Since then, abortion is treated like any other type of medical procedure. While the process of legalizing abortion was taking a place a case was involved with a doctor named Henry Morgentaler. Morgentaler is a pro-choice activist who was involved in many legal cases about abortion laws. In 1955 Morgentaler opened a family medicine practice and in 1968 he established the Montreal Morgentaler clinic where he offered safe abortions to women…show more content…
Feminists believed that if it was a women carrying the baby the women herself has every right to make her own decision on what she wants to do with the baby. Pro-choice feminists believe that the right to an abortion is mandatory. “Abortion is a necessity for millions of women worldwide, for their health, for their wellbeing, for their dreams of a better tomorrow.” “It is a matter of survival” (Feminist Majority Foundation, 2014). Also, just like the supreme court, feminists also believe that the fetus does not have any rights and in fact is not human. Fetuses especially at early points in pregnancy aren’t ‘fully formed’ or an actual child which therefore makes the fetus have no rights until it is actually born and out of the mother’s womb. “Section 223(1) of the Criminal Code says that a child becomes a human being when it has "completely proceeded, in a living state, from the body of its mother." In other words, the child has no protection until after birth” (Wintermans,

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