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Reproductive Rights Rels 300/ Nurs 330 9 January 2014. http:// www.martincountydemocrats.com/fun.html. Reproductive rights. Do individuals/couples have a right to reproduce? Is this a universal human right, like the right to life ?
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Reproductive RightsRels300/Nurs3309 January 2014 http://www.martincountydemocrats.com/fun.html 300/330 - appleby
Reproductive rights • Do individuals/couples have a right to reproduce? • Is this a universal human right, like the right to life? • If there is a universal right to reproduce, who has the corresponding duty to ensure procreative fertility rather than infertility? • Do persons have a right to biological offspring? • Do persons have a right to parenthood? 300/330 - appleby
2 sorts of human rights Negative or Liberty Rights • Liberty to choose one’s own life goals and values • Right to be free from interference in the pursuit of one’s goals • Right not to be prevented from achieving one’s goals • Freedom from … Positive or Welfare Rights • Liberty to choose one’s own life goals and values • Right to have communal support in the pursuit of one’s goals • Right to any and all required assistance to achieve one’s goals • Freedom to … 300/330 - appleby
Negative Reproductive Rights Freedom from: 300/330 - appleby
Positive Reproductive Rights Freedom to: 300/330 - appleby
Wednesday November 9, 2011 • Access to abortions in PEI • Women in Prince Edward Island who want to terminate their pregnancy have to go somewhere else to do it. There is no abortion service on the island, and the government has no plans for change. But a group of women in Prince Edward Island are lobbying for access to abortion. http://www.cbc.ca/video/news/audioplayer.html?clipid=2165985802 300/330 - appleby
Access to Reproductive Technologies • http://www.cbc.ca/archives/categories/health/reproductive-issues/fighting-infertility/reproduction-still-unregulated.html Reproduction: Still unregulated • For many couples it's their worst nightmare. Years of trying and still, no baby. Adoption was once the only option. Nowadays there are fertility drugs, in vitro fertilization, and surrogate mothers. But with these modern-day solutions come new moral conundrums and questions: How far are we willing to go to fight infertility? 300/330 - appleby
“The Presumptive Primacy of Procreative Liberty” Robertson, p.131: Reproductive choices are “central to personal identity, to dignity, and to the meaning of one’s life” • Procreative decisions are personal, individual, and should be made by autonomous choice • People should not make moral judgements about the autonomous choices of others • The state should not interfere with these choices UNLESS there is evidence that substantial harm would result from one’s choice 300/330 - appleby
Procreative Liberty and Harms • According to Robertson, “those who would limit procreative choice have the burden of showing that [one’s] reproductive actions” would result in tangible & substantial harms What sorts of potential harms might there be? Who might be vulnerable to being harmed by procreative choices and reproductive technologies? 300/330 - appleby
Conceptual context for understanding liberty rights Murray, p.133: The concept of procreative liberty functions within a cultural context which: • emphasizes individual autonomy • values independent exercise of rights, personal choice and control • favoursfreedom from limitations imposed by others • collaborates with others by means of contractual rights and obligations • is comfortable with interactions that resemble the marketplace – property ownership, buying & selling raw materials and products, and providing services The desire and choice to have children is a choice to initiate a very special relationship which is inconsistent with market values. (Murray) 300/330 - appleby
Limitations on Autonomy Procreative liberty promotes individual autonomy and freedom from interference • From a bioethics perspective, autonomy must also be balanced with attention to beneficence • Contributing to the well-being and benefit of potential parents, infants, and donors • Also by non-maleficence • Ensuring that risks are minimized and harms are avoided for participants • And by justice • fair and equal opportunities & treatments that are provided in an equitable manner without bias or discrimination 300/330 - appleby
Who should have a say? . . . about becoming sexually active? … about becoming pregnant and continuing a pregnancy? … about services to end a pregnancy? … about services to circumvent infertility? … about assessing parenting skills? 300/330 - appleby
Evaluating reproductive technologies • Whose personal dignity and autonomy are promoted or harmed? • What are the potential benefits of reproductive technologies? • Who are the beneficiaries? • What are the potential risks and harms of reproductive technologies? • Who is most likely to be harmed? • Are there justice issues in the provision of reproductive services? • Issues of fairness, equality, equitable access? 300/330 - appleby