It’s Impact on Society
Throughout the 1900s, women had to resort to unsafe abortion methods because of the lack of laws that implement to protect women. In 1969, Henery Morgentaler opened the first abortion clinic to assist women with unwanted pregnancies. This clinic was one of the main factors that brought full legalization of abortion to the attention of the Canadian government.
Previous studies have indicated that abortion debate has been a growing agreement surrounding moral and legal status of abortions. Furthermore, the goal of this essay will examine how the Abortion Act of 1969 has changed over time and its impact on society. To accomplish this, first I will discuss the history of the abortion act focusing on Henery Morgentaler. Second, I will explore the court battles that have helped to legalize abortions, including Tremblay v. Daigle and Roe v. Wade. Finally, I will study how abortion has changed over time, considering economic factors and the impact on men and women.
The History of the Abortion Act
Canada has a striking and different history around abortion; this is because of a single figure that fought for thirty years to legalize abortions in Canada. Abortion was illegal in Canada until October 27 1969 when the Canadian Parliament passed a law that allowed abortions under strict circumstances. Many mothers lives were endanger while performing unsafe abortions. However, passing the law helped to protect the rights and health of the mothers. Prime Minister Pierre Treduea introduced a bill to modify section 251 of the Criminal Code. The bill allowed physicians to perform abortions in hospitals and private clinics. All other abortions were illegal and still subject to criminal sanctions.
The women who were procee...
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... their feelings, they can become angry, bitter, depressed, resentful, untrusting and even reckless in their behaviors” (para 3).
In the world around us, there are a variety of different and unique opinions concerning abortions. Canada struggled for twenty years to have the abortion law demolished, and when the courts finalized their decision it made Canada a different country. Henery Morgentaler's courage and dedication is undeniably exceptional, particularly with the health issues women faced before his journey to obtain safe abortions. Today, women are able to make their own choices concering abortions and no longer put their life at risk. Cases like R. Morgentalar, Tremblay v. Daigle and Doe v. Wade are the reason women have the freedom to make their own decisions. Nevertheless, the impacts of the abortion law have changed the way how society perceives women.
Oddly, physicians brought abortion into the public’s eye. These physicians formed a pro-life movement arguing the moral knowledge that the public didn’t seem to have (12, Luker, Abortion and the Politics of Motherhood p. 000). According to the source, women didn’t understand that the embryo is a living being. With their lack of knowledge about things, they came “murderesses” and the only way this could be solved was to outlaw abortion. They kept the idea that abortion was murder, but, at the same time, they also said that only they could decide when an abortion should occur. With their accomplishment, in 1900, every state had a law that stated that abortion is illegal except for when the mother’s life is in danger. But the weakness of this was that the law didn’t specifically define the danger a mother should be in.
The Queen vs. Davis case concerns the murder trial of Arthur Paul Davis and Alice Davis that occurred in 1875. In it, they were tried and convicted of murder for conducting an abortion; the killing of a fetus and subsequently causing death of the victims, Catherine Laing and Jane Vaughn Gilmour. This essay will examine the historical context of the case, what the trial reveals about the nature of women’s lives in Toronto during the 1870s as subordinate women who are deemed as caretakers and how women managed to end unwanted pregnancies. During the late 19th century ending an unwanted pregnancy was an illegal offence because it was considered unethical to kill a fetus. Women were not able to access safer alternatives such as contraception, as it was an offence to sell or advertise them at that time. Women did not claim they wanted an abortion directly, but rather that they wanted to be fixed of their problem. They did not feel guilty as they thought it was acceptable to induce abortion before the 3rd month of pregnancy or quickening of it, which under the English common law, it was not wrongful to procure an abortion prior to the feeling any movement of the fetus. Doing an Abortion was a private matter but nonetheless a criminal offence. Beginning in the early 19th century, laws were passed to support the prohibition of abortions; these then continued on to the revision and creation of the 1892 criminal code for abortion.
Noonan, John T, Jr. A Private Choice: Abortion in America in the Seventies. Collier Macmillan Publishers, London: 1979.
" Abortion and the Constitution: Reversing Roe v. Wade Through the Courts. Horan, Grant, Cunningham, eds., pp. 113-117. Washington, D.C. - The. : Georgetown University Press, 1987.
During the 1950s, hospitals within the country started to decide if doctors should perform abortion by using therapeutic abortion boards, allowed by law only if the mother’s life was in danger. Mortality rates decreased during this time, due to the introduction of antibiotics in the 1940s. In 1962, a mother, Sherri Finkbine, traveled to Sweden with her husband, after her request for abortion in the U.S. was denied. In 1967, England ended up loosening its own restrictions on abortion laws that permitted women to have the procedure as long as they had written permission from two physicians.
For many years in Canada and many other countries abortion has been a topic of debate. In Canada, there has been no legislation regarding abortions since 1988 as the previous laws were said to violate women’s Charter rights under Section 7 which states that Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. Due to this, the Supreme Court of Canada considered abortion legislation to be a violation of the Canadian Charter of Rights and Freedoms. Since then, no legislations regarding abortion has been changed. Joyce Arthur, executive director of the Abortion Rights Coalition
No other element of the Women’s Rights Movement has generated as much controversy as the debate over reproductive rights. As the movement gained momentum so did the demand for birth control, sex education, family planning and the repeal of all abortion laws. On January 22, 1973 the Supreme Court handed down the Roe v. Wade decision which declared abortion "fundamental right.” The ruling recognized the right of the individual “to be free from unwanted governmental intrusion into matters so fundamentally affecting a person as the right of a woman to decide whether or not to terminate her pregnancy.” (US Supreme Court, 1973) This federal-level ruling took effect, legalizing abortion for all women nationwide.
Over the course of the last century, abortion in the Western hemisphere has become a largely controversial topic that affects every human being. In the United States, at current rates, one in three women will have had an abortion by the time they reach the age of 45. The questions surrounding the laws are of moral, social, and medical dilemmas that rely upon the most fundamental principles of ethics and philosophy. At the center of the argument is the not so clear cut lines dictating what life is, or is not, and where a fetus finds itself amongst its meaning. In an effort to answer the question, lawmakers are establishing public policies dictating what a woman may or may not do with regard to her reproductive rights.
The debate of abortion continues to be a controversial problem in society and has been around for many decades. According to Jone Lewis, “In the United States, abortion laws began to appear in the 1820’s, forbidding abortion after the fourth month of pregnancy” (1). This indicates that the abortion controversy has been debated far back into American history. Beginning in the 1900’s, legalized abortion became a major controversy. In 1965, all fifty states in the United States banned abortion; however, that was only the beginning of the controversy that still rages today (Lewis 1). After abortion was officially banned in the United States, groups such as the National Abortion Rights Action League worked hard on a plan to once again legalize abortion in the United States (Lewis 1). It wasn’t until 1970 when the case of Roe (for abortion) v. Wade (against abortion) was brought...
In the later half of the nineteenth century and beginning of the twentieth century, many states adopted laws against abortion because abortions were performed in unsanitary conditions, which made the operation dangerous for women. Plus, society believed killing a possible life was immoral. However, as time progressed and morals changed, people begin to question weather or not the government had the right to interfere with peoples’ carnal matters.
In order to understanding how women have been discriminated against we must know the history behind the most controversial topic in women’s rights, abortion. For decade’s legal scholars, social movement activities, and historians, have agreed whether women actually had rights when it came to abortions and understanding the pro-life feminist reform. In Mary Zeigler, "Women's Rights on the Right: The History and Stakes of Modern Pro-Life Feminism.” Pro-life advocates have argued that “abortions cause more to the woman rather than help them.” (Zeigler233) One of the most popular known cases is Gonzales v. Carhart which attempted to justify abortion restrictions on the very basis of the physical or psychological harms that could or assumed to be caused or produced by the actual procedure.(Zeigler234) However, women protective claims, only one part of larger strategy that this Article calls prolife feminism. The article also identifies potential common ground among those proclaiming to be feminist with different positions on abortions. Both pro-choice and pro-life scholars have written extensively on how to their arguments as forwarding women
In 1900 a law was passed banning women from having an abortion. Before 1900, abortions were a common practice and usually performed by a midwife, but doctors saw this as a financial threat and pushed for a law making abortions illegal. From 1900 until 1973, when the Supreme Court ruled in favor of a women’s right to have an abortion, women who wanted to have an abortion did so secretly. These secret abortions were performed
In the second part of the twentieth century, women’s rights once again gained a lot of momentum. The women’s liberation movement was born out of women civil right activists who were tired of waiting for legislative change for women’s rights. Even though women are being recognized more in society, they still face difficult issues. Sexism –especially in the workforce –is becoming a major issue, birth control pills are still not popular, and abortions are frowned upon in society. The case Roe v. Wade is about a woman with the fake name of Jane Roe who wanted an abortion but the state of Texas would not let her unless her life was in danger. She sued the district attorney of Dallas County saying that it violated the right to privacy under the 1st, 4th, 5th, 9th, and 14th Amendments. Usually, some arguments for being against abortions are because it is like killing a life, religious reasons, and less chance of future pregnancies. Some arguments that approve abortion are the rights of privacy and the mother to make her own decision. I decided to pick the landmark case Roe v. Wade because there are many ways to argue for and against abortions, so I wanted to give it an overarching view before I personally pick a side. Roe v. Wade is a significant case because it shows how rights in the Constitution do not have to be explicitly mentioned for it to implement and the change in abortion laws that affect women.
As one knows, some unwanted pregnancies could often be harmful and distressing for a woman. Women should have the right over their body to choose to sustain the fetus or not. In the past decades, women did not have their freedom of abortion in many countries of the world. There have always been controversies going on about abortion. Each individual has dissimilar views on the legality of abortion. Some people are against abortion for personal religious purposes and beliefs. For those who don’t believe in abortion, it is because they see it as killing a fetus, which is a human being. Others support abortion because they believe in women’s rights. Laws of abortion vary in each country, and abortion is not legal all over the world. It is illegal under any conditions but only permitted to save woman’s life if in countries such as Brazil, Nigeria, United Arab Emirates, and Ireland. However, abortion is legal without any restrictions in countries like Canada, Albania, and Italy. It the past decades Abortion was considered as criminal act in Canada. “If an abortion was carried out without such approval, the woman was liable for imprisonment for 2 years, an...
Abortion is arguably the most controversial topic in all the issues revolving around reproduction. Women of all different races, classes, and religions have been practicing abortion since before the colonial era in America. The laws pertaining to abortion have changed many times, adding and removing discrepancies and stipulations throughout many years, and still to this day. The views of abortion in society during different time periods have also changed and adapted. At the time of Sarah Grosvenor’s decision to abort, the laws pertaining to abortion did not make the act fully illegal. However in years after Grosvenor’s case abortion was outlawed. The law played a minor part in women’s decisions to have an abortion, however society, and gender played the most prominent role in the decision of abortion.