When caesarean section operations imposed by a court are justified.

Abstract:

:Court-ordered caesarean sections against the explicit wishes of the pregnant woman have been criticised as violations of the woman's fundamental right to autonomy and to the inviolability of the person--particularly, so it is argued, because the fetus in utero is not yet a person. This paper examines the logic of this position and argues that once the fetus has passed a certain stage of neurological development it is a person, and that then the whole issue becomes one of balancing of rights: the right-to-life of the fetal person against the right to autonomy and inviolability of the woman; and that the fetal right usually wins.

journal_name

J Med Ethics

authors

Kluge EH

doi

10.1136/jme.14.4.206

subject

Has Abstract

pub_date

1988-12-01 00:00:00

pages

206-11

issue

4

eissn

0306-6800

issn

1473-4257

journal_volume

14

pub_type

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