Everyone has heard the saying – with rights come responsibilities.
Unfortunately this is often forgotten in the discussion about abortion. Some people ascribe an absolute right to the fetus’s existence and others ascribe an absolute right to an abortion at any time.
Of course any absolute right will eventually conflict with other rights. The absolute right of free speech conflicts with the responsibility not to yell fire in a crowded theater just for fun. Similarly the rights of the fetus to exist and the right of a woman to exercise control over her body need to be tempered with a measure of responsibility.
What is the extent of a pregnant woman’s responsibility to a fetus? When and how does that responsibility start and how long does it last? This different perspective on such a complex issue may lead to decisions that provide a more acceptable balance between conflicting rights.
The objective of this paper is to develop a set of guidelines for abortion that are reasonable and based on the highest human ethical standards. These standards could then be incorporated in the discussion we have with our children, both as parents and in our Sunday School.
Please read the following and take part in this grand dialog by sending your comments.
Responsibility and Abortion
Background
Abortion is a very, very emotional, complicated subject. How can I, as a male, be able to address this in a way that captures all the subtleties of the situation? The first step was to show the original proposal to a wide range of people (mainly females) with varied backgrounds and positions favoring one or the other side. They have provided excellent perspectives and pointed suggestions, which I’ve tried to incorporate in this version, causing it to double in size.
Abortion, Sex and Female Rights
Any discussion of abortion must acknowledge that it is not a standalone subject. People’s views on abortion are strongly related to their views about sex and female/ male relations. Hopefully this proposed approach can be accepted by people with widely varying views about these related topics, allowing a consensus to develop between people who might disagree on these other issues.
This proposal is strictly about abortion, about when it might be justified and when it should not occur. This does not address the closely related issue of sexual relations that lead to pregnancy, although examining that from a responsibility viewpoint may also be helpful.
Current Status
Abortion is one of the most difficult concepts to discuss because facts and emotions are so strongly intertwined. Sincere, well-meaning people have been struggling with this issue for a long time.
Currently there are three basic approaches to abortion:
- A complete ban – Based on the concept that the fetus before birth has as much right to live, or at least not to be actively killed, as any human after birth.
- Unlimited abortion at any time – Based on the concept that the mother has a right to control her body and cannot be forced to care for an unwanted fetus.
- A restricted right to abortion – Most people are uncomfortable with both extremes so they choose a varied, almost arbitrary, set of restrictions on abortions, short of a full ban.
The general world wide acceptance of each of these three options is indicated to some extent by how many countries choose each (see Appendix 1 for details of abortion options by country):
Option Number of Countries
Unlimited abortion 27
Some restrictions 92
Only if woman’s life in danger 68
Complete Ban 5
==
Total 192
Ambivalence between Two Principles
The large number of countries with some restrictions and the wide range of restrictions illustrate how ambivalent people are about these two important concerns – the rights of a fetus to exist and the rights of a woman to not be forced to care for an unwanted fetus.
The two extremes of no abortions and unlimited abortions are based on clear guidelines. The third option of restricted access to abortions is the one that most people intuitively favor but for which there are currently no clearly articulated philosophical or biological guidelines.
Two Conflicting Principals
Value of the Fetus
Philosophers and religious thinkers have long grappled with the issue of when does life begin and what is the status of the fetus. There is obviously an unbroken chain of development from when an egg and sperm come together until about 14 years later when the resulting human can start the cycle again by contributing an egg or a sperm. There is also a clear transition when the fetus leaves the mother.
Peter Singer, a well known philosophy professor at Princeton, has highlighted how arbitrary is birth as the point when human life starts by postulating a rule – any entity that has not reached a level of development that shows self consciousness can be killed. In 1979 he wrote, “Human babies are not born self-aware, or capable of grasping that they exist over time. They are not persons.” As a result, he says, “the life of a newborn is of less value than the life of a pig, a dog, or a chimpanzee.” He goes on to state, “The liberal search for a morally crucial dividing line between the newborn baby and the fetus has failed to yield any event or stage of development that can bear the weight of separating those with a right to life from those who lack such a right.”
In other words, there really is no bright line between the last few minutes in the womb and the first few minutes after birth. In his view, late term abortion is consistent with infanticide for at least the first month after birth. He uses this as a reason to support abortion and infanticide. Others might use the same reasoning to support a ban on all abortions, as an extension of the ban on infanticide.
There are four general approaches to valuing a fetus:
- Those who put a value equal to that of a child, precluding all abortions
- Those who put no value, justifying abortion at any time for any reason
- Those who are reluctant to address the issue because they are afraid any discussion will lead down a slippery slope that ends with a ban on all abortions
- Those who try to grapple with the issue, try to find an approach that puts a high value on the fetus while not precluding all abortions
Woman’s Rights
The most extreme example of a woman being forced to do something is to preclude an abortion in the case of rape. The woman clearly had no say in the matter, yet she is forced to carry a fetus to term. Those who believe a fetus is deserving of full protection would argue that the harm done to the mother being forced to carry to term is less than the harm done to killing/aborting a fetus. This is probably the most direct example of the conflict between a woman’s right to choose and a fetus’s right to life.
Responsibility
An alternative approach is to consider responsibility rather than rights. What is the extent of a pregnant woman’s responsibility to a fetus? When and how does that responsibility start and how long does it last? This different perspective on such a complex issue may lead to decisions that provide a more acceptable balance between conflicting views. The objective is to develop a set of guidelines that are reasonable and based on the highest human ethical standards, guidelines we would gladly pass on to our children and friends.
(See Appendix 2 for a brief discussion of Responsibility in general.)
Alternative Based on Responsibility
Basic Principle
The responsibility approach provides a bright line based not on how far along the fetus has developed but on whether someone has taken responsibility for its life while it is unable to function on its own.
A woman who accidentally becomes pregnant would decide, as soon as she finds out she is pregnant, whether she wants to take responsibility for that fetus or not. If she does not want the responsibility, there may be two options:
- If technology permits, transfer the fetus to another woman or to an artificial womb.
- If not, secure an abortion immediately to minimize the development of the fetus.
Exception – Life in Danger
If her life is in danger, she has a primary responsibility to herself. But she should not use the issue of inconvenience or reduced income or other lesser reasons to change her mind. Any physical or mental health impact exception must be narrowly construed or it ends up justifying abortion for any reason.
Deliberate Pregnancy
By contrast if a woman is actively trying to become pregnant, then she should start immediately with the responsibility for any resulting fetus.
Malformed Fetus
If the fetus does not develop properly, then the issue becomes more complex. Two clear guidelines:
- Serious deformities can be compared to a situation where a person is suffering and cannot live without life support. These are cases where society accepts pulling the plug. The same is true of strongly deformed fetuses – a woman can stop helping the fetus to live.
- Mild deformities should not be considered as a good reason, just as they are not for humans.
Find Out
Women who have sexual intercourse are responsible for monitoring their situation. For instance, a woman should take responsibility to find out if she is pregnant by seeing a doctor or taking a pregnancy test if she misses two periods within her normal menstrual cycle or exhibits other signs.
Immediately
What is immediately? One to two weeks after finding out should normally be enough time for a woman to make this serious, possibly very emotional, decision whether to schedule an abortion. Local conditions as to availability of abortion would determine how soon it could occur.
Summary
Abortion would be appropriate to anyone who:
- Finds out she is unexpectedly pregnant and acts quickly to schedule an abortion.
- Is in danger of serious personal harm from the pregnancy.
- Has a fetus with significant defects.
- Deliberately gets pregnant.
- Waits more than one or two weeks to make a decision to abort after finding out she is pregnant.
- Changes her mind later due to changed circumstances, such as work, finances or inconvenience.
Resolution of Conflicting Goals
The Fetus:
- Full protection as soon as it has been accepted by the mother.
- If the mother deliberately conceives, the fetus is deemed accepted immediately.
- If the conception is an accident, it is either ended immediately or accepted.
- No fetus would develop more than a few weeks after discovery without gaining full protection or being terminated.
- Full right to control the decision at inception.
- If conception is accidental, she has the right to accept or reject responsibility.
Consider the list of reasons often used for justifying abortion compared to the responsibility approach:
Reasons Often Cited: Responsibility approach
- On demand - no restriction: Restricted to a short period after discovery
- Woman’s life at risk : Any time
- Physical health : Any time if health effect is serious, narrowly construed
- Mental health : Any time if mental effect is serious, narrowly construed
- Rape: Restricted to a short period after discovery
- Fetal defects: Any time if defect is serious, narrowly construed
Those who put high value on the fetus and less value on a woman’s right to decide may be willing to accept abortion under these circumstances, where the value of the fetus is not questioned, only the issue of responsibility. Some will still claim that a pregnant woman must take responsibility even if the pregnancy is accidental. Hopefully, many of those who value the fetus will also be willing to consider that responsibility should not so quickly be forced on a person.
Similarly those who put a high value on a woman’s rights and relatively low value on a fetus will not see the need for any restrictions. Hopefully, many of those will agree that once a woman deliberately accepts responsibility to nurture a fetus, it gains value and it should not so easily be terminated on a whim or change of heart.
The vast majority, looking for some reasonable basis for deciding, should feel more comfortable that the responsibility rule is grounded in concrete human reality that respects both the right of the woman to decide and the right of the fetus to a quick, irrevocable decision.
Open Issues:
This approach needs to be developed further to see how it might help illuminate related issues:
- Age of responsibility – Who decides for a 12 or 14 year old?
- Fetal deformity – How much impairment justifies aborting?
- How much should a woman’s health be affected to justify abortion? For instance, if a woman has frequent headaches, is that sufficient?
- Male position – What is the father’s role or responsibility? Could the father make a decision to avoid responsibility at the beginning, as a woman could, or is the father bound by the decision of the mother?
Free to choose, but once the choice made, live with the consequences.
Action
How would this approach be implemented?
There are three levels of action possible:
- Personal
- Social
- Governmental
The easiest, most important and most direct action would be for each individual to internalize this approach and act on it whenever a situation arises that involves a decision about abortion. Parents should also expose their children to this view.
Social
The next level is to discuss this approach with family and friends. Ideas like this cannot be imposed from above. They are best spread through one on one or small discussion groups. It is sufficiently different that it needs extensive exposure to many people before it will be accepted as a social norm.
The second type of social action is a negative one of showing very firm disagreement with someone who disagrees, to the point of reducing social interaction. Such social approval or disapproval is the most effective way of causing social change.
This means that one should express strong disagreement with both sides:
- Those who are in favor of a total ban
- Those who favor unlimited abortion
In the United States, unlimited rights to abortions were decided by the Supreme Court, rather than by the normal democratic process. This has led to an ongoing polarization between the three groups who favor complete ban, limited access and unlimited access to abortions. However this dialog is not being conducted directly, but rather through conflict over Supreme Court appointments.
It would be a mistake to try to legislate any change. Instead it should be given a chance to spread socially. No government agency or medical association should monitor and control individuals' private behavior. People should internalize proper procedures and act responsibly.
Slippery Slope
This idea needs an opportunity to develop in more detail through dialog and experience. It would be a mistake to rush to firm action at this early stage.
Both those in favor of abortion and those opposed generally reject any move toward a middle position because they are afraid that any such move will slide into the more extreme position they oppose.
Thus an especially important point is to show that taking this step does not lead to a slippery slope that would justify other unintended action.
Discussion
The rest of this write-up covers several items that arose from email dialog. More such interaction would help both flesh out this proposal and provide more detail.
Comparison to a First Trimester Rule
The most common approach in countries with partial restrictions is to allow unlimited abortion in the first trimester while severely restricting it thereafter. As a practical matter, such an approach is very similar to this approach based on responsibility.
If a woman waits till missing two periods, then takes two weeks to decide, then schedules an abortion for say two weeks in the future, the abortion is effectively almost at the end of the first trimester. Since most cases will be judged based on the word of the woman, women can also exaggerate to definitely have an abortion any time in the first trimester.
Status of Fetus
- The first trimester refers to the age of the fetus, implicitly assuming there is some line crossed after one trimester. The responsibility rule is based on the action, or inaction of the mother. She must make a positive decision to “walk away” very quickly or take responsibility by default.
- The first trimester rule is an unrestricted right. The responsibility rule precludes abortion if a person deliberately conceives. Again, the orientation is not on the fetus but rather on the woman to decide.
- The status of the fetus is much higher under the responsibility rule. The fetus is considered important enough that once someone takes responsibility, she cannot change her mind, even in the first trimester. This heightened acceptance of the value of the fetus will help society accept some abortion without needing to allow more deliberate mistreatments of the helpless, i.e., the slippery slope concern.
Most people have friends or relatives in whom they confide. If the responsibility rule becomes a well respected social norm, a woman who lies will still have to face the impact to her reputation. In most societies, reputation is often a significant factor in being able to function effectively. Thus the social restrictions would be stronger than any legal rules in making sure that abortion was done responsibly.
A third party such as the husband may be in a position to be an effective witness to any dispute whether the woman is being truthful. For instance, if the man and woman had planned a pregnancy, and then the woman changed her mind, the man would know and may tell others.
Personal/ Moral
Most people live by a personal code of conduct and suffer considerable internal anguish when they violate it deliberately, especially when it is for somewhat selfish ends. If the concept of personal responsibility and value of a fetus becomes internalized, women are more likely to accept this guide to behavior. They are less likely to lie for personal convenience after accepting responsibility.
As it is, many women have strong reservations about having an abortion where it is legal and there are no social norms. There are many stories of how some women regret such decisions later. If a woman first decided to assume responsibility for a fetus and later changed her mind and lied about it to her friends, she would have even more anguish since she would have two regrets – changing her mind and lying about it. If, however, she decided firmly at the first opportunity to have an abortion, she would be less likely to suffer future regrets, because she acted responsibly and followed accepted norms.
Male Role
Clearly there is an asymmetry between the male and female roles in deciding about abortion. The male generally has the responsibility to support the female financially and emotionally during pregnancy. However, this responsibility is similar to that of the mother, i.e., it cannot be forced on the father. The father must decide at the beginning, in the same way the mother does, whether he wants to take that responsibility or not. If he decides to, he cannot change his mind until the child is born.
Because the female has the more complicated situation, the final decision should rest with the mother. However the mother will likely be strongly influenced by the views of the father in most situations. Certainly if they intend to stay together, they need to agree on a decision on such a major issue. Even if they are not staying together, the mother may still be strongly influenced by the extent to which the father intends to support the pregnancy, especially financial support.
The most important responsibility of the male is to make sure that the decision is made on a timely basis. The male should not procrastinate or hinder the female but rather should encourage the female to decide promptly.
After it is born, a female is allowed to give the baby up for adoption, rather than care for it. A male has no such rights. If the mother chooses to keep the baby, the father must provide child support and cannot put the baby up for adoption. Conversely, the father could take sole custody but cannot force the mother to provide any support. There is a lack of symmetry that could be better resolved if the concept of accepting responsibility was used as the starting point.
External Inducements
Deciding whether to have an abortion can be influenced by external factors. For instance, those who place a high premium on minimizing abortions may want to offer financial or social inducements to influence the decision. Similarly, in a climate of overpopulation, those trying to limit births may also want to provide inducements to have the abortion by making it free, for instance. The government in China strongly encourages abortions because of a fear of overpopulation. The governments in France and Italy provide major inducements not to abort because of a fear of declining population.
Slippery Slope
Does this approach imply that the right to life depends on someone taking responsibility for you? There are two aspects to a right – negative and positive. The negative right to life means no one can deliberately end your life. The positive right to life means supplying all the necessary resources when you cannot supply them yourself. Most societies do not force individuals to feed the hungry or care for the homeless. Governments in richer countries often supply such support. As a result, an individual’s right to life is not an absolute imposition on other individuals. You can walk by a destitute person and not inquire as to whether help is needed without being punished. People do die of starvation in Asia or Africa and no one in Europe, Japan or North America feels any need to take personal responsibility.
So the answer is that this approach to caring for a fetus has strong similarities to caring for any being that is unable to function alone. There is no absolute requirement that an individual care for a stranger. By extension, even though the fetus is not quite a stranger, this approach is based on the concept that it has no more rights to life than an indigent or incapacitated stranger. When someone starts caring for a stranger, the moral calculus changes. The same is true for a fetus.
Viability
A related concern is that the issue of viability should not determine whether a life should be preserved. This is partly discussed in the quotations from Peter Singer. This is also why there is no discussion in this approach as to whether a fetus is a human, or a proto human or any other label. Instead the basis is that a fetus deserves the same consideration as a stranger. If you start taking responsibility for a stranger, you cannot loosely change your mind and walk away. The fetus is entitled to the same respect because of
• its status as an aspiring human, and
• its initial acceptance by the mother.
Status of Fetus
Those who want to ban all abortions may view this approach negatively, since it does allow abortion. They could also view it positively because it has two important features:
- It limits abortions, especially post first term abortions.
- It is more likely to be widely accepted, while a complete ban is highly unlikely.
- It recognizes the status of the fetus as deserving protection.
Unlimited Abortions
By contrast, those who support unlimited abortions may find this approach as too burdensome to a woman. They have developed a position that the fetus has no rights under any circumstance and only exists at the will of the woman. Their approach justifies partial birth abortion, where a fetus that could survive outside the womb is deliberately ended because its life is at the sole discretion of the mother.
Clearly the emphasis on responsibility developed here is incompatible with such a view.
Personal Statement
I believe strongly in personal responsibility, but I also believe strongly that a community needs to have a dialog on what is acceptable behavior. There is much value in hearing from one’s neighbor on confusing subjects and is a motivating factor to attend Sunday platforms.
My first goal would be to start such a dialog on this proposed way to reconcile what I would hope are two fundamental ethical principals – the rights of the individual and the rights of the least viable members of the community.
I recognize that the fetus is alive and is developing towards becoming but is not quite the same as after birth. I also try to bring out that a fetus is not magically a full human the day after birth and a non entity, deserving of partial birth abortion even though it might be viable, the day before birth. I don’t believe the change in the status of the fetus happens suddenly, but rather it is a constantly evolving status.
This is not a call to ban or endorse abortion, but rather a call to emphasize the teachings of responsibility, of the need to balance objectives when they are in conflict and the need to put a reasonably high value on the fetus as well as not forcing responsibility unreasonably.
I realize that in the political atmosphere in the US, some people feel strongly that assigning any value to a fetus is a slippery slope that could lead to a total ban on abortions. I am strongly urging people to try to go beyond such concerns and honestly engage in a discussion about the fetus.
Some believe a woman’s rights to have an abortion are absolute. As a practical matter, there are not many partial birth abortions and they are usually because of extreme health risk. But the relative frequency of this procedure does not negate the issue that currently in the US it is justified in all circumstances, even if it is the whim of the mother.
Others believe that the right to life of a fetus is absolute. They would force all women to carry to term, even those who were raped. Again, I would deny that a woman can be forced to care for a fetus that was not deliberately planned or responsibility taken, at least through inaction.
The issues of morning after pills are ideal from my vantage as they minimize the time of fetal growth.
My ideal objective would be to have various Leaders teach this concept, and especially that it is taught to our teens. When teens ask for suggestions about this subject, this viewpoint should be brought to their attention, as a possible way to respect nascent life while also not forcing a burden on someone.
There are obviously right ways and wrong ways to approach our teens, but they cannot be left alone to face this issue. Otherwise why have a Sunday School? It is well recognized that children are eager to learn from others. After they have heard, they can decide. But they should not be expected to decide in a vacuum. They deserve hearing what humans have thought about ethical issues over the centuries.
There is a tradition of not punishing those who are insane because they are not responsible. Similarly, some people are forcibly committed for insanity. I believe these techniques are often overused, that the decision that someone is not responsible for actions should be very rarely invoked. Similarly, I believe that teenagers should not have their views overturned by their parents or legal guardians so easily. I also believe that the teen years are a time of transition, so teens should be required to hear their parents thinking on a subject before making a decision.
Appendix 1 – Worldwide Abortion Practices
The 192 countries who report their abortion rules were evaluated based on this list:
- On Demand – no restriction
- Woman’s Life
- Physical Health
- Mental Health
- Rape
- Fetal Defects
- Socio Economic
(See http://en.wikipedia.org/wiki/Abortion_law)
Very easy rules for abortions
On Demand – Some countries allow abortions for any reason:
At any time: 27 (includes the U.S., Canada, Australia and China)
In first two trimesters: 1 (Singapore)
In first trimester : 29 (includes France, Italy, Russia and Germany)
No reason needed: 57
Of the rest, several accept almost any of the reasons listed above:
Any reason of 6 listed above 9 (includes Japan, Great Britain and India)
Any reason except Economic : 12 (includes Spain and Israel)
Any reason except Rape : 2 (Belize, Zambia)
Almost any reason allowed: 23
Very restrictive rules for abortions
Full ban on all abortions 5 (includes Chile, El Salvador and Vatican City)
Some ban abortions except to protect a woman’s life:
Restricted protection, woman’s life: 15 (includes Egypt and South Korea)
Only woman’s life in first trimester: 5
Only woman’s life: 48 (includes 19 African countries and Ireland)
Only woman’s life: 68
Variety of reasons for abortions
None of the others allow abortions on demand or for Social or Economic reasons
All allow abortions if the mother’s life or physical health is at risk
All allow one or more of the following reasons:
Mental Health
Yes: 25
No: 4
Not Specified: 10
Total: 39
Rape
Yes: 9
No: 30
Not Specified: 0
Total: 39
Fetal Defects
Yes: 3
No: 36
Not Specified: 0
Total: 39
Variety of reasons 39
===
All Countries 192
Appendix 2 – Aspects of Responsibility
What does Responsibility mean?
Being responsible means being held to account for the consequences of your action or inaction with respect to a particular situation, object or person. You can’t blame others or say you didn’t care.
How do you become responsible?
You become responsible when you actively follow the steps of taking on responsibility or fail to decline responsibility when there is a chance to do so. Taking responsibility is a personal decision.
When is responsibility not true responsibility?
You cannot be forced to take responsibility in this sense. Forced responsibility is only an obligation to avoid the consequences of being personally hurt. It ends as soon as the threat of force ends. Then you have the choice of voluntarily continuing the action and thus taking true responsibility or not.
What are the resulting obligations?
Although there are limits to responsibility, such as putting your own life at risk, generally acting responsibly means at a minimum taking steps to prevent serious harm to the party or object involved, even if such steps are costly in time, energy or resources.
How can you back out?
Once responsible, you are obliged to continue until the situation no longer involves the potential for harm or you can find someone else who is able and willing to take it over. You cannot just abandon a person because you are tired or just feel like it without making alternative arrangements.
What if you act irresponsibly?
If you have taken on a responsibility and then try to shirk it, you are liable for significant consequences:
- Legally – under some circumstances you may be open to a lawsuit or criminal charges.
- Socially – your reputation would be very strongly affected. Since reputation is so central to normal life, this negative reputation could affect your work, your friends and your family relations.
- Personally – most people have a social conscience that they have to live with. Shirking responsibility, especially if it caused serious harm, would affect most people very directly.
You can deliberately walk by a situation and avoid all involvement. However, this also has its downside. The penalties are minor compared to shirking responsibility after taking it, but not zero, especially if it is not obvious that anyone else knows about the situation or can act in a reasonable time. The minimum responsibility in such cases is to at least inform others to see if there is an alternative.
Examples
Children, Elder or Sick Relatives, Friends
Generally you have a responsibility as soon as you are aware that someone close to you needs help, just by nature of your relation. At a minimum, you must make it clear as soon as possible that you do not intend to take on such responsibility, to allow others to do so.
Good Samaritan - Strangers
By contrast, you do not have any inherent responsibility to a stranger. However, if you are near someone in trouble and stop to offer help and the help is accepted, then you have an obligation to carry through or find someone else who will. You cannot start helping, decide you are too busy or it takes too much effort and just walk away, leaving that person in the lurch. Once you decide to be involved, you have taken on a responsibility that you cannot easily shirk.
