By Deborah Mathieu
The problems explored during this publication have regrettably end up referred to as 'maternal-fetal conflicts'. The word is unsatisfactory since it is deceptive: It locations the emphasis at the future health of the fetus rather than at the born baby (who will undergo the load of any damage performed prenatally); it assumes a clash among a pregnant girls and her offspring (while the problem is generally extra complicated and extra extensively based); and it incorrectly signifies that all pregnant girls are correctly considered as moms. For those purposes, i've got selected to prevent the word 'matern- fetal clash' altogether, and should in its place converse by way of 'preventable prenatal harm'. I point out this on the outset, for these of you acquainted with 'maternal-fetal conflicts' who could be puzzling over if i'm addressing an analogous concerns. definite. yet i'm attempting to examine them in a brand new - and that i desire extra fruitful - method. i want to thank the opposite individuals within the Hastings Center's maternal-fetal undertaking - particularly those that disageed with me - for being so thought-provoking. and that i owe an enduring debt of gratitude to Henry Ruth and Allen Buchanan for his or her valuable suggestions.
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Extra resources for Preventing Prenatal Harm: Should the State Intervene
Example text
The President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research (henceforth, Arguments in Favor of Coercing a Pregnant Woman 35 President's Commission), which documented the persistence and prevalence of this view in America, has argued that the special moral importance of health care creates societal obligations to m a k e it available to everyone: Most Americans believethat because health care is special, accessto it raises special ethical concerns.
Once she makes this decision, or at least allows the fetus to reach the point at which abortions are permitted only to mitigate risks to maternal life a n d / o r health, she puts herself in a special relationship to her future child. This relationship can be seen as carrying more demanding obligations, obligations which are similar to those of any parent to his or her child. It is generally held that the parent-child relationship involves positive duties o f aid as well as negative duties not to cause harm, and parents are expected to sacrifice more for their children than they would for strangers.
I may notice that a stranger is about to walk into a deep pit because he is completely absorbed in looking at a rainbow, and at very little inconvenience to me, simply by giving a shout, I could save him from serious harm. But I do not. I simply watch him continue to walk while he admires the rainbow, until, with a shriek, he falls into the pit. Does the law hold me liable for his harm? No. Does the law claim that I should have aided him? No. Does the law pay any attention to me at all? No. Indeed, Anglo-American law has not deigned to notice a horrifying list o f one person's failure to aid another: The common-law tradition has left unpunished even harmful omissions of an immoral kind - malicious failures to warn a blind man of an open manhole, to lift the head of a sleepingdrunk out of a puddle of water, to throw a rope from a bridge to a drowning swimmer, to rescue or even report the discoveryof a small child wandering lost in a wood, and so on.
