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......
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