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Abortion - Legal Requirements

An abortion is the artificial ending of the life of a foetus in the womb.

Abortion has been legal in Britain since 1967. The current law (1991) allows a pregnancy to be terminated up until the 24th week if two doctors agree that there is:

1) A risk to the mother's physical or mental health
2) Risk to the life of the woman (may die as a result of continuing the pregnancy)
3) Risk to physical or mental health of existing children
4) Substantial risk of the child being born seriously physically or mentally handicapped
Key Arguments to consider
When does life begin?
Ensoulment: In the 13th century Thomas Aquinas argued that the male foetus becomes a human being at 40 days and the female at 90 days after conception.
Quickening: This is the time that the baby first moves in the womb.
Obviously a fully grown baby emerging from the womb is alive in its own right but is the union of sperm and ovum (the zygote) "alive" in a recognised sense?
The foetus has a 'brain' and a circulatory system - is this enough?
Should we consider the moment that the foetus can survive outside the womb as the moment it becomes alive? Then do we consider the use of medicine to keep it alive?
Thinking Point
Why would a woman want an abortion?
Identify the situation in which a woman may want an abortion e.g., rape; risk of child being deformed or handicapped; mother is unmarried; danger to mother's health or physical well-being; unplanned or unwanted pregnancy.
Whose rights are involved?
The mother's; the father; the grandparents; doctors and nurses; the unborn child.

Religious Responses

Christian teachings and Abortion

Roman Catholic Church
Christians believe that the world is created by God. Therefore all beings in the world come from God in one form or another. Human beings have a responsibility to care for all life, for everything in the world. None of the Christian Churches believe that abortion should be encouraged and all agree that it should only be used in the most serious circumstances.
Roman Catholic Church
"Life must be protected with the utmost care from the moment of conception; abortion and infanticide are the most abominable of crimes" Statement from the Roman Catholic Church
In the Document on Procured Abortion (1974) the RC church also states:
"From the time that the ovum is fertilised a new life is begun which is neither that of the father or the mother. It is the life of a new human being with its own growth. It would never become human if it were not human already"

The Roman Catholic Church strongly opposes abortion in every instance except when it is the inevitable result of a necessary treatment given to the mother (double effect - use the Internet to find out what this means).
This according to the Catechism of the Catholic Church is that: Human life must be respected and protected absolutely from the moment of conception. From the first moment of his existence, a human being must be recognised as having the rights of a person - among which is the inviolable right of every innocent being to life.

Church of England
The Church of England and most of the Protestant churches agree with the RC and Orthodox churches in principle but they agree that each case is special. Therefore while abortion is generally not accepted, especially as a method of birth control, it may be permitted in certain cases:
1. If there is a serious risk to the mother's life
2. If conception takes place as a result of rape
3. If there is a grave risk that the baby will be born handicapped

"Although the foetus is to be specially respected and protected, nonetheless the life of the foetus is not absolutely sacrosanct if it endangers the life of the mother" Church of England - Board of Social Responsibility Report 1984

Biblical Quotes
"Surely you know that you are God's temple and that God's spirit dwells in you? So if anyone destroys the temple God will destroy them for God's temple is holy and you are are that temple" 1 Corinthians 3:16-17
"You shall not kill" 6th commandment
For you created my inmost being; you knit me together in my mother's womb. Psalm 139:13
Before I formed you in the womb I knew you, before you were born I set you apart. Jeremiah 1:5

Muslim Teachings and Abortion

Abortion is not generally permitted within Islam unless it is to save the mother's life. The later the abortion takes place the worse it is thought to be.
Some Muslims believe that for the first four months of pregnancy the woman has greater rights than the foetus but that after this time they are equal.
Before the time of Muhammad (pbuh), unwanted female children were often buried alive in Arabia. Islam is opposed to abortion because the Qur'an teaches: Kill not your offspring for fear of poverty, it is We who provide for them and for you. Surely, killing them is a great sin. (Surah 17:32)
There is a potential life from the moment of conception, but it is after 120 days, when a foetus receives a soul. Islam teaches that abortions should never be carried out for social reasons: "You shall not kill your children for fear of want. We will provide for them and for you. To kill them is a grievous sin."(Qur'an 17:31)
In Iran a woman can face the death penalty for having an abortion.
Some Muslim leaders have said an abortion can be carried out up to 120 days. After this point abortion is only allowed if the woman's life is at risk (abortion is the lesser of two evils)
Arguments For and Against
For
Against
Women have a right to decide what they do with their body.
Abortion should be allowed out of compassion for cases of rape and incest
In the case of underage pregnancy, it is unreasonable to expect the girl, to ruin her education.
Life doesn't really start at birth or, at the earliest, until the foetus is viable.		 Each person is unique, and the information makes the person unique is all there from conception.
Abortion is murder because life starts at conception.
Abortions often result in depression and guilt. An abortion can leave mental and physical scars on a woman.
By having an abortion you may deprive the world of a genius.

Sanctity of Life
Sanctity of Life - life is holy or sacred and should be preserved

Christian Attitudes
Genesis 1:27 - So God created man in his own image, in the image of God he created him; male and female he created them (Life is God given).
I Corinthians 3:16-17 - Don't you know yourselves that you are God's temple and that God's spirit lives in you? If anyone destroys God's temple, God will destroy him; for God's temple is sacred (Life Should not be destroyed).

Muslim Attitudes
Surah 2: 28-9 - How can you reject the faith in Allah…? It is he who has created all things on earth for you (All life comes from Allah).
Surah 45:26 - It is Allah who gives you life, then gives you death; then he will gather you together for the day of judgement (Existence of life is proof of existence of Allah).

Exam Questions
Try to answer these questions.
It's my body; I have the right to choose whether to have my baby aborted or not.
a) Describe the legal conditions under which a woman can have an abortion in Britain (5)
b) Explain how people with religious beliefs might react to the statement above. If there are any differences in views between believers on the issue, explain why these differences might occur. (10)
c) "If abortion is legal, then surely it must be right." (5)
Do you agree with this statement? Show you have thought about more than one point of view and give reasons to support your answer. (5) 1997
Model Answers

(a) Describe the legal conditions under which a woman can have an abortion in Britain. (5 marks)
Knowledge should include: two doctors agree; operation takes place in hospital; registered doctor; mother's or existing children's mental or physical health at risk; baby at risk of deformity; allowed up to 24 weeks; after 24 weeks only in cases of extreme deformity etc.

4-5 marks A good knowledge of criteria.


It's my body; I have the right to choose whether to have my baby aborted or not.

(b) Explain how people with religious beliefs might react to the statement above. If there are any differences in views between believers on this issue, explain why these differences might occur. (10 marks)

Christianity - break down concept to talk about different Christians e.g. Roman Catholic, Church of England, Methodist. Use religious quotes/ideas as evidence. Talk about the similarities and differences between the points of view. Why do Roman Catholics appear to have stricter ideas than the Church of England (the Bible is the Word of God etc.)?

Make reference to the compassionate approach as an alternative to abortion e.g. pastoral care, abortion, counseling.

Islam - Responsibility for the world and everything in it is important, including children. All life is sacred because it is a gift from Allah so must be protected. Use religious quotes/ideas as evidence. Again, not all Muslims hold the same beliefs - opinion differs as to when life begins. A woman should not be treated unfairly because of a child
(Surah 2:223) so abortion is supported if the health of the mother is in danger.

9-10 marks Good reference to religious teaching and ideas from two religions. A sound understanding of the issues is shown and the candidate realizes there are different opinions on the issue of abortion.


(c) "If abortion is legal, then surely it must be right."
Do you agree with this statement? Show that you have thought about different points of view and give reasons to support your answer. (5 marks)

4-5 marks A full discussion of the issues of moral/immoral, legal/illegal; using evidence and balancing views.