Fetal Rights
Protecting Foetal Rights
Angela Kim
LWSO 335
Linda McKay-Panos
Spring 2006
I. Introduction
"Prenatal Substance Abuse and Judicial Intervention" by Richard D. Bell.
Many dissenting views on judicial intervention in pregnancy and birth exist. In his article, Bell demonstrates his disagreement with the decision put forward by Shulman J. in the Winnipeg Child and Family Services case against G. (D. F.) to intervene and impose treatment on a pregnant, substance abusing woman. For Bell, judicial intervention usurps the rights and bodily integrity of a woman and upsets the balance existing between foetal and maternal rights. He believes judicial intervention poses complicated moral questions that should be answered solely by the Parliament. I will look more closely at the issues surrounding this case and others similar to it by finding fault in Bell 's reasoning and by putting forth the idea that foetuses need protection as much as Bell enforces the a pregnant woman 's rights need to be protected.
II. Background
What is a foetus? The foetus is the developed mammal after the embryonic stage and before birth. The foetus develops from the ninth week of gestation, when primary structures and organ systems have formed, until birth. Factors affecting foetal growth include maternal, placental, and foetal. Maternal factors affecting foetal growth include size, weight, nutritional state, cigarette smoking, substance abuse, uterine blood flow, anaemia, and environmental noise exposure. Deficient growth can result in low birth weight and increased risk for perinatal mortality and other health dangers.
Does a foetus have legal rights? The law does not recognize the unborn child as a legal person; therefore it has no rights under the law.
What is substance abuse? Substance abuse is an overindulgence and reliance on a stimulant, depressant, chemical substance, herb, or fungus causing effects that are destructive to an individual 's physical and mental
Angela Kim
LWSO 335
Linda McKay-Panos
Spring 2006
I. Introduction
"Prenatal Substance Abuse and Judicial Intervention" by Richard D. Bell.
Many dissenting views on judicial intervention in pregnancy and birth exist. In his article, Bell demonstrates his disagreement with the decision put forward by Shulman J. in the Winnipeg Child and Family Services case against G. (D. F.) to intervene and impose treatment on a pregnant, substance abusing woman. For Bell, judicial intervention usurps the rights and bodily integrity of a woman and upsets the balance existing between foetal and maternal rights. He believes judicial intervention poses complicated moral questions that should be answered solely by the Parliament. I will look more closely at the issues surrounding this case and others similar to it by finding fault in Bell 's reasoning and by putting forth the idea that foetuses need protection as much as Bell enforces the a pregnant woman 's rights need to be protected.
II. Background
What is a foetus? The foetus is the developed mammal after the embryonic stage and before birth. The foetus develops from the ninth week of gestation, when primary structures and organ systems have formed, until birth. Factors affecting foetal growth include maternal, placental, and foetal. Maternal factors affecting foetal growth include size, weight, nutritional state, cigarette smoking, substance abuse, uterine blood flow, anaemia, and environmental noise exposure. Deficient growth can result in low birth weight and increased risk for perinatal mortality and other health dangers.
Does a foetus have legal rights? The law does not recognize the unborn child as a legal person; therefore it has no rights under the law.
What is substance abuse? Substance abuse is an overindulgence and reliance on a stimulant, depressant, chemical substance, herb, or fungus causing effects that are destructive to an individual 's physical and mental
Cited: Anderson, Kenneth. Mosby 's Medical, Nursing, & Allied Health Dictionary. 5th ed. St. Louis: Mosby, 1998. Bell, Richard D. "Prenatal Substance Abuse and Judicial Intervention in Pregnancy: Winnipeg Child and Family Services v. G.(D.F.)." University of Toronto Faculty of Law Review 55.2 (1997): 321-340. Encyclopaedia Britannica. 25 May. 2006. http://www.britannica.com