THE INVIOLABILITY OF HUMAN LIFE and ABORTION Ma. Cristina S. Sombilon, MD,FPSP Department of Medical...

THE INVIOLABILITY OF THE INVIOLABILITY OF HUMAN LIFE andHUMAN LIFE and

ABORTIONABORTIONMa. Cristina S. Sombilon, MD,FPSPMa. Cristina S. Sombilon, MD,FPSP

Department of Medical HumanitiesDepartment of Medical Humanities

UERMMMC College of MedicineUERMMMC College of Medicine

WHEN DOES LIFE BEGIN?WHEN DOES LIFE BEGIN?

WHAT IS THE WHAT IS THE MORAL MORAL STATUSSTATUS OF THE OF THE DEVELOPING PRODUCTS DEVELOPING PRODUCTS OF GESTATION?OF GESTATION?

““Semantic Gymnastics”Semantic Gymnastics”

at the time of at the time of FERTILIZATIONFERTILIZATION

IMPLANTATION IMPLANTATION – 6 to 8 days after– 6 to 8 days after

fertilizationfertilization

““PRE-EMBRO”PRE-EMBRO” – 14 days after fertilization – 14 days after fertilization

at the appearance of the primitive streakat the appearance of the primitive streak

““EMBRYO”EMBRYO” – 3 – 3rdrd – 7 – 7th th week after week after fertilization fertilization

““AGE OF VIABILITY”AGE OF VIABILITY” – variable – variable

- at 23- at 23rdrd to 28 to 28thth week week

AT LATER TERMAT LATER TERM, before birth, before birth

Is the moral status of the products of Is the moral status of the products of gestation based on gestation based on CHARACTER?CHARACTER?

VIABILITYVIABILITY

SENTIENCE – capacity for sensationSENTIENCE – capacity for sensation

RATIONAL CAPACITYRATIONAL CAPACITY

CONSCIOUS AWARENESS OF SELFCONSCIOUS AWARENESS OF SELF

Philosopher MICHAEL TOOLEYPhilosopher MICHAEL TOOLEY(University of Colorado)(University of Colorado)

no less than no less than (14) ATTRIBUTES(14) ATTRIBUTES must be must be possessed in order to be a possessed in order to be a “PERSON”“PERSON”

ABILITY TO PROBLEM SOLVEABILITY TO PROBLEM SOLVE

ABILITY TO INTERACT WITH OTHERSABILITY TO INTERACT WITH OTHERS

PROPERTY OF BEING A CONSCIOUS SELFPROPERTY OF BEING A CONSCIOUS SELF

DR. BERNARD NATHANSONDR. BERNARD NATHANSONNARAL (Natl. Abortion Rights Action LeagueNARAL (Natl. Abortion Rights Action League))

PRO-CHOICE to PRO-LIFE activistPRO-CHOICE to PRO-LIFE activist

“ …“ …. the crux of the issue as defined by most . the crux of the issue as defined by most pro-abortion theorists is whether the pro-abortion theorists is whether the embryo, or later the fetus, is consideredembryo, or later the fetus, is considered

a ‘person.’”a ‘person.’”

Hand of GodHand of God

ROE vs. WADE (1973)ROE vs. WADE (1973)

“ …“ …. the word “person,” as used in the. the word “person,” as used in the

Fourteenth Amendment, Fourteenth Amendment, DOES NOTDOES NOT

INCLUDE THE UNBORN.”INCLUDE THE UNBORN.”

What doesWhat does MEDICINE MEDICINE say? say?

Human life (human person) begins atHuman life (human person) begins at

the moment of the moment of FERTILIZATIONFERTILIZATION

Results in a new individual, with a Results in a new individual, with a unique genetic composition that unique genetic composition that dictates all developmental stages dictates all developmental stages

that ensuethat ensue

All its genetic coding and all itsAll its genetic coding and all its

features are features are INDISPUTABLY HUMANINDISPUTABLY HUMAN

It has the It has the CAPACITY TO DEVELOP,CAPACITY TO DEVELOP,

IT EXISTS, IS ALIVEIT EXISTS, IS ALIVE and is and is

SELF-DIRECTEDSELF-DIRECTED

It is It is NOTNOT the same being as its the same being as its

mothermother

The fertilized egg/zygote is not justThe fertilized egg/zygote is not just “ “a blob of protoplasm”a blob of protoplasm”

It is a It is a COMPLETE, UNIFIEDCOMPLETE, UNIFIED structure that contains all the information and structure that contains all the information and

ACTIVE POTENTIALACTIVE POTENTIAL for self-development for self-development

The fertilized egg/zygote should be given The fertilized egg/zygote should be given FULL MORAL STATUSFULL MORAL STATUS

Religious/Christian Point of ViewReligious/Christian Point of View

An elemental experience which all An elemental experience which all men share, is a vital reality closely allied to men share, is a vital reality closely allied to instinct and the NATURAL LAW, which instinct and the NATURAL LAW, which declares a fundamental moral truth:declares a fundamental moral truth:

LIFE IS SACRED AND INVIOLABLELIFE IS SACRED AND INVIOLABLE

ABORTIONABORTIONDefinitionDefinition

Expulsion of a Expulsion of a NON-VIABLE NON-VIABLE FETUS FETUS (before the 27(before the 27thth to 28 to 28thth week week of gestation)of gestation)

From a From a MORAL STANDPOINTMORAL STANDPOINT

Expulsion of the fetus Expulsion of the fetus DEATH DEATH

A direct act of killingA direct act of killing

METHODS IN ABORTIONMETHODS IN ABORTION

HysterectomyHysterectomySuction TechniqueSuction Technique Intra-Amnionic Infiltration Intra-Amnionic Infiltration

(Hypertonic Saline or Dextrose)(Hypertonic Saline or Dextrose) Prostaglandin IV – uterine contractionProstaglandin IV – uterine contraction RU – 486 : “morning after pill” RU – 486 : “morning after pill” Dilatation and Curettage (D&C)Dilatation and Curettage (D&C)

FORMS OF ABORTIONFORMS OF ABORTION

A.A. MEDICAL STANDPOINTMEDICAL STANDPOINT 1. Spontaneous abortion1. Spontaneous abortion

2. Induced Abortion2. Induced Abortion 3. Therapeutic Abortion3. Therapeutic AbortionB.B. MORAL STANDPOINTMORAL STANDPOINT 1. Direct abortion1. Direct abortion 2. Indirect abortion2. Indirect abortion 3. Therapeutic abortion3. Therapeutic abortionC.C. LEGAL STANDPOINTLEGAL STANDPOINT 1. Criminal1. Criminal 2. Legal2. Legal

MEDICAL STANDPOINTMEDICAL STANDPOINT

1. SPONTANEOUS ABORTION1. SPONTANEOUS ABORTION (ACCIDENTAL or INVOLUNTARY)(ACCIDENTAL or INVOLUNTARY)

- usually within the first few days of- usually within the first few days of gestationgestation

- due to maternal or ovular pathology- due to maternal or ovular pathology leading to defective development,leading to defective development, even death of the embryoeven death of the embryo

MEDICAL STANDPOINTMEDICAL STANDPOINT

2. INDUCED or VOLUNTARY ABORTION2. INDUCED or VOLUNTARY ABORTION - directly willed as the principal end- directly willed as the principal end

- may be presented or packaged as- may be presented or packaged asa “therapeutic abortion”a “therapeutic abortion”

3. THERAPEUTIC ABORTION3. THERAPEUTIC ABORTION- aims to eliminated a REAL or PRESUMED- aims to eliminated a REAL or PRESUMED

RISK for the mother precipitated by the RISK for the mother precipitated by the pregnancypregnancy

THERAPEUTIC ABORTIONTHERAPEUTIC ABORTIONREAL RISKS – medical conditions which mayREAL RISKS – medical conditions which may

truly precipitate the death of the mothertruly precipitate the death of the mother if the pregnancy is continuedif the pregnancy is continued

SEVERE UNCONTROLLED HYPERTENSIONSEVERE UNCONTROLLED HYPERTENSION MALIGNANCIES IN THE FEMALE MALIGNANCIES IN THE FEMALE GENITAL TRACTGENITAL TRACT MENTAL HEALTH PROBLEMSMENTAL HEALTH PROBLEMS

Termination of pregnancy may beTermination of pregnancy may beMORALLY JUSTIFIABLEMORALLY JUSTIFIABLE

THERAPEUTIC ABORTIONTHERAPEUTIC ABORTIONPRESUMED RISKS – medical conditions which may not PRESUMED RISKS – medical conditions which may not necessarily affect thenecessarily affect thehealth of the motherhealth of the mother

PREVENTION OF THE BIRTH OF ANPREVENTION OF THE BIRTH OF AN “ “ABNORMAL CHILD”ABNORMAL CHILD” TERMINATION OF PREGNANCYTERMINATION OF PREGNANCY IN RAPE OR INCEST CASESIN RAPE OR INCEST CASES USE AS A METHOD OF BIRTHUSE AS A METHOD OF BIRTH CONTROLCONTROL

PERMISSIVE LEGISLATURE of abortionPERMISSIVE LEGISLATURE of abortionallows these reasons to be legal inallows these reasons to be legal inseeking abortion rightsseeking abortion rights

B. MORAL STANDPOINTB. MORAL STANDPOINT

1. DIRECT ABORTION1. DIRECT ABORTION - one in which the direct, immediate purpose- one in which the direct, immediate purpose of the procedure is to destroy the human fetusof the procedure is to destroy the human fetus at any stage after its conception, or to expel itat any stage after its conception, or to expel it when it is not yet viable.when it is not yet viable.

UNETHICALUNETHICALVIOLATES THE SANCTITY OF HUMANVIOLATES THE SANCTITY OF HUMAN

LIFE WHICH BEGINS AT FERTILIZATIONLIFE WHICH BEGINS AT FERTILIZATION

B. MORAL STANDPOINTB. MORAL STANDPOINT

2. INDIRECT ABORTION2. INDIRECT ABORTION - one in which the direct, immediate purpose- one in which the direct, immediate purpose of the procedure is to treat the mother; the death of the procedure is to treat the mother; the death of the fetus is an INCIDENTAL and SECONDARYof the fetus is an INCIDENTAL and SECONDARY result that would have been avoided if possible.result that would have been avoided if possible. (REAL RISKS for “therapeutic abortion”)(REAL RISKS for “therapeutic abortion”)

ETHICAL AND JUSTIFIABLEETHICAL AND JUSTIFIABLE “ “PRINCIPLE OF DOUBLE EFFECT”PRINCIPLE OF DOUBLE EFFECT”

THE PRINCIPLE OF DOUBLE THE PRINCIPLE OF DOUBLE EFFECTEFFECT

For any licit action, there are twoFor any licit action, there are two consequential events, ONE GOODconsequential events, ONE GOOD THE OTHER EVIL. If the good THE OTHER EVIL. If the good event PRECEDES the evil one,event PRECEDES the evil one, it is permissible in conscience toit is permissible in conscience to INTEND the GOOD, and ALLOWINTEND the GOOD, and ALLOW the EVIL. the EVIL.

LEGAL STANDPOINTLEGAL STANDPOINT

1. CRIMINAL ABORTION1. CRIMINAL ABORTION

- Illegal and a grave crime in most- Illegal and a grave crime in most

penal codes.penal codes.

- no REAL therapeutic indication- no REAL therapeutic indication

- induced and voluntary- induced and voluntary

2. LEGAL ABORTION2. LEGAL ABORTION

The Legislation of AbortionThe Legislation of Abortion

Historically started from Historically started from “STRICTLY“STRICTLY OBSERVED”OBSERVED” criteria for medical criteria for medical therapeutic abortionstherapeutic abortions

Eventually evolved to Eventually evolved to EXTREME EXTREME LIBERALIZATIONLIBERALIZATION with the right to with the right to abortion on demandabortion on demand

Based on a woman’s rights to Based on a woman’s rights to PRIVACYPRIVACY

and AUTONOMYand AUTONOMY


US Supreme Court case which resulted in US Supreme Court case which resulted in a a LANDMARK DECISIONLANDMARK DECISION regarding regarding

ABORTIONABORTION

Most laws against abortion in the US were Most laws against abortion in the US were seen to VIOLATE a CONSTITUTIONALseen to VIOLATE a CONSTITUTIONAL

RIGHT to PRIVARY under the due RIGHT to PRIVARY under the due process clause of the 14process clause of the 14thth Amendment Amendment


It overturned all state and federal laws It overturned all state and federal laws outlawing or restricting abortionoutlawing or restricting abortion

Central holding of the case: Central holding of the case: ABORTIONS ABORTIONS ARE PERMISSIBLE FOR ANY REASON ARE PERMISSIBLE FOR ANY REASON A WOMAN CHOOSES up until the A WOMAN CHOOSES up until the “POINT AT WHICH THE FETUS “POINT AT WHICH THE FETUS BECOMES VIABLE” (28weeks or earlier)BECOMES VIABLE” (28weeks or earlier)


the court held that the court held that ABORTIONS AFTER ABORTIONS AFTER VIABILITY MUST BE AVAILABLE WHEN VIABILITY MUST BE AVAILABLE WHEN NEEDED TO PROTECT A WOMAN’S HEALTHNEEDED TO PROTECT A WOMAN’S HEALTH

This case prompted US national debate up to This case prompted US national debate up to this day, re-shaping this day, re-shaping POLITICS POLITICS and dividing and dividing much of the nation into much of the nation into PRO-LIFE (anti-ROE)PRO-LIFE (anti-ROE) and and PRO-CHOICE (anti-ROE)PRO-CHOICE (anti-ROE) camps camps


CRITICISMS of the CASECRITICISMS of the CASE

Majority opinion Majority opinion FAILED FAILED TO RECOGNIZE TO RECOGNIZE THE PERSONHOOD OF FETAL HUMAN THE PERSONHOOD OF FETAL HUMAN LIFELIFE

“ … “ …. the word “person,” as used in the . the word “person,” as used in the Fourteenth Amendment, does not includeFourteenth Amendment, does not include

the unborn..”the unborn..”


CRITICISMS of the CASECRITICISMS of the CASE

The ruling STRAYS from the text and The ruling STRAYS from the text and history of the Constitution:history of the Constitution:

“…“…We hold these truths to be self-evident, We hold these truths to be self-evident, that all men are created equal, that they that all men are created equal, that they are endowed by their creator with are endowed by their creator with unalieanable rights, that among these areunalieanable rights, that among these are LIFELIFE, liberty and the pursuit of happiness, liberty and the pursuit of happiness.”.”

The Declaration of IndependenceThe Declaration of Independence


SUPPORTERS of the CASESUPPORTERS of the CASE

It is vital to the PRESERVATION of It is vital to the PRESERVATION of WOMEN’S EQUALITY , PERSONALWOMEN’S EQUALITY , PERSONAL

FREEDOM and PRIVACYFREEDOM and PRIVACY

Basis: AUTONOMYBasis: AUTONOMY

MORAL ARGUMENTS AGAINST MORAL ARGUMENTS AGAINST ABORTIONABORTION

Are we guilty ofAre we guilty of RACISM RACISM against the “unborn?”against the “unborn?”

It is basically against Christian doctrine and the It is basically against Christian doctrine and the INVIOLABILITY OF HUMAN LIFEINVIOLABILITY OF HUMAN LIFE

Progress in medical science practically eliminated clinical Progress in medical science practically eliminated clinical problems in high-risk pregnanciesproblems in high-risk pregnancies

Permissive legislature of abortion endangers the life of Permissive legislature of abortion endangers the life of the mother as well, and does not take into account the mother as well, and does not take into account SERIOUS RISKSSERIOUS RISKS and and PSYCHOSOCIAL PSYCHOSOCIAL DISTURBANCESDISTURBANCES in post-abortion women in post-abortion women

THERE IS NO MORAL JUSTIFICATION THERE IS NO MORAL JUSTIFICATION FOR THERAPEUTIC ABORTIONFOR THERAPEUTIC ABORTION

““The women for whom abortion is justified are The women for whom abortion is justified are the very same ones who carry the highest the very same ones who carry the highest risk of mental disorders once abortion is risk of mental disorders once abortion is performed.”performed.”

World Health OrganizationWorld Health Organization

“ “Most women Most women do notdo not experience experience psychosocial problems or regret their psychosocial problems or regret their abortion two years post-abortion, but abortion two years post-abortion, but some do. Those who do tend to be some do. Those who do tend to be women with a prior history of women with a prior history of depression.”depression.”

Brenda Major, PhDBrenda Major, PhD

UC Santa BarbaraUC Santa Barbara““Psychosocial Responses of Psychosocial Responses of Women After First Trimester Women After First Trimester

Abortion”Abortion”

September 2, 2008September 2, 2008

The LANCETThe LANCET

published a report that published a report that OPPOSESOPPOSES the the American Psychological Associations’s American Psychological Associations’s (APA) (APA) DISMISSAL OF ABORTION-DISMISSAL OF ABORTION-RELATED PSYCHOSOCIALTRAUMARELATED PSYCHOSOCIALTRAUMA, and , and calls for post-abortion counseling as an calls for post-abortion counseling as an important part of patient care.important part of patient care.

THERE IS THERE IS

NO ENDNO END

THE INVIOLABILITY OF HUMAN LIFE and ABORTION Ma. Cristina S. Sombilon, MD,FPSP Department of Medical...

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