Fetal Pain Legislation

From Individual`s Rights to Public Benefits – A Conflict of Values in Healthcare

“…Europe) consider that the embryo becomes a subject of human rights after 12 weeks of gestation, while other administrative laws are based on the religious believes that "life begins at conception", resulting in a large variation in legislation on abortions among geographical regions and countries (Myser, 2008). For a physician as an individual, either situation may be unacceptable at the personal level, but the ultimate victims of the conflicting and competing interests are the pregnant women and their "unborn" fetuses (Shah & Salazar, 2014).…”

Fetal Pain in the First Trimester

“…This concern arises in a notable way for cases of abortion or feticide. When these principles are applied unevenly in consideration of the pregnant woman rather than the fetus, the autonomy of the woman and the degree of maternal-fetal attachment may be framed as preeminent considerations that reduce the need to attend to or address the reality of fetal pain (Arora and Salazar 2014;Furedi 2001) Abortion rights advocates assert that fetal pain laws are beyond the purview of the government and are unconstitutional, as Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) established viability, not pain capacity, to be a compelling government interest, when considering possibilities for limiting abortion. Fetal pain legislation is construed as an effort to erode the autonomy of the pregnant woman and to intrude upon the patient-physician relationship.…”

“…This concern arises in a notable way for cases of abortion or feticide. When these principles are applied unevenly in consideration of the pregnant woman rather than the fetus, the autonomy of the woman and the degree of maternal-fetal attachment may be framed as preeminent considerations that reduce the need to attend to or address the reality of fetal pain ( Arora and Salazar 2014 ; Furedi 2001 ).…”