The difficult question
Though it has been practiced
by women from the beginning of human history, abortion to prevent unwanted
births continues to be stigmatised. The social, cultural, religious, legal and
political context of abortion is complex. This is complicated by advances in
medical technology. A range of prenatal diagnostic technologies since the 1970s
and the emergence of preconception and genetics-based technologies more recently
have made it possible to know the status of the foetus in terms of sex or other
"abnormalities". This has encouraged women and their families to seek
selective abortions including sex-based ones.
This paper examines three core
ethical issues around abortion: the moral standing of the foetus which is
closely linked with the concept of 'personhood'; the conflict of 'rights'
between the woman and her foetus; and finally whether the harm, to a woman, of
carrying an unwanted pregnancy to full term outweighs the harm of undergoing an
abortion. It touches upon ethical issues involved in sex-selective abortions and
abortions sought following medical diagnosis predicting mental or physical
disabilities.
Feminist ethics
The different streams of thought in
feminist bioethics literature are all responses to institutionalised sex-based
discrimination, and moves towards a more just society (1-2). Within feminist
bioethics, some have drawn on the strengths of various ethical decision making
models (1- 3). Of the four basic principles in ethical principlism, the dominant
ethical decision-making model proposed by Beauchamp and Childress (4), feminist
bioethics emphasises the principles of autonomy and justice. It differs in its
treatment of these concepts. The concept of autonomy emphasises the significance
of a 'relational approach' which views all individuals as part of a larger whole
(5-6). Justice is conceptualised as 'social justice' or redistributive justice
and presumes a fair relationship among social groups. It criticises the
overemphasis of the philosophical conception of justice which ignores the
oppressive systems within which distribution takes place (7). It also notes that
philosophers have viewed justice only in the public realm and traditionally
ignored the private sphere, where domestic injustice takes place (8). The
failure to acknowledge gender injustice in the family permits it to be
perpetuated and extended. Feminist bioethics also differs from other bioethics
frameworks in its methodological approach (9). It takes into account the
systemic whole, whether analysing a single phenomenon or a general issue. The
case-based approach, contextual analysis, a moral and political stance against
social justice, and attention to disadvantaged groups in terms of power
relationships - all these characterise the methodologies of feminist approaches
to bioethics. It uses differential analytical categories such as gender, age,
sexual orientation, disability status, socio-economic status, race, culture, and
ethnicity. Although consequences are considered morally relevant, they are not
exclusive. It focuses on action and processes. In the feminist bioethics
framework, persons are intrinsically valuable and social justice enjoys an
overriding concern. Finally, feminist bioethics is grounded in empirical
realities. Its goal is to eradicate all forms of oppression.
The moral standing of the foetus
The concept of
'personhood' is pivotal to determining the moral standing of the foetus. The
manner in which this concept is defined influences the way in which the conflict
between the rights of the woman and of the foetus are seen in the context of
abortion. The key questions to define the 'personhood' status of the foetus are:
'what is a person?' and 'When does personhood begins?' The literature indicates
that there is no consensus on criteria defining personhood; they are as
difficult and controversial as abortion itself is. Definitions of personhood
vary between the most stringent and the most lenient. For example, the criteria
proposed by the philosopher Anne Warren include consciousness, reasoning,
self-motivated activity, the capacity to communicate, and the presence of
self-concepts and self-awareness. (10). These will not be fulfilled by a
newborn. The most lenient, defined by theologians, refers to the "decisive
moment of humanisation", when the new being receives the genetic code' (11,
12). Between these two extremes lies a range of other criteria. Some are
based on traditional beliefs, such as the point of 'quickening' and
'ensoulment'. Others are the result of scientific development, such as
'viability' and the presence of 'electroencephalographic' (brainwave) activity
(13). Other approaches emerged from the 'developmental view' of prenatal life
(14) and from the 'potential for developing into adult human being' - both views
marking the point of conception as the beginning of personhood. However, there
never has been consensus on these criteria. I suggest that this is primarily
because those involved in the debate arrive at the definition of personhood
based on their values about abortion - their moral judgement on the woman who
undergoes an abortion, or its association with a particular religion and so on.
Thus, though the definition of personhood is pivotal to the discourse of
abortion ethics, it remains unresolved.
Feminists consider personhood
a social category, not an isolated state. To be a morally significant category,
personhood must involve personality as well as biological integrity (15). It
relies much on the concept of the 'second person' defined by Annette Baier (16).
This emphasises the social dimension fundamental to any moral notion of
personhood. Persons are thus members of a social community which shapes them;
personhood is a relational concept defined in terms of interactions and
relationships with others. From this perspective, foetuses have limited
relationships in which they can participate and can make only the most
restricted contributions. They cannot form relationships freely with others and
vice versa. The foetus' primary relationship is with the woman who carries it in
her womb. All relationships are mediated through her. The relationship between
the foetus and the woman carrying it is asymmetrical; it is completely dependent
on the woman whereas she can live without it. For this reason, feminist
bioethics reasons, the responsibility of determining the value of the foetus
must rest with the woman.
A conflict of rights
The feminist ethics framework
views the situation of the pregnant woman considering abortion as part of a
social system. A central moral feature of the argument is that pregnancies take
place within women's bodies and have profound effects on their lives (3, 17).
The other central argument is grounded in women's status - their social and
family roles and responsibilities, their secondary status in most spheres of
activity and male-centred work cultures and employment policies.
Within this framework, it argues, women should be judge of whether abortion
is an appropriate response to a pregnancy. It is inappropriate to lay down
abstract rules for when a decision to abort or not is "right". Woman's
deliberations will involve considerations of their commitments to the needs and
interests of everyone concerned, including the foetus (2). Women should be
considered the full moral agents, responsible for making moral decisions. Women
must have the freedom and the authority to control their reproduction, free of
male dominance and oppressive conditions of poverty and subordination.
This
argument might seem to fall within the libertarian framework which holds
individual rights sacred. However, it is based on an analysis of empirical
realities recognising the 'individual in relationships' rather than the
'individual in isolation'. It appeal is not so much to the woman's right to
bodily integrity, privacy and pursuit of happiness. It is based on two
fundamental principles: human beings have "the right to a full human life and to
whatever means are necessary to achieve this"; and "decisions should be made by
those, and only by those, who are importantly affected by them." (18). Since it
is the woman who will probably be responsible for rearing the infant to
adulthood if it is born, the decision to have or not have the baby must be
hers.
Further, the approach to abortion must address
women's reproductive needs to balance the systematic oppression they face
because of gender, race, class and ethnicity. For example, women from
poorer families are much more affected by the lack of access to abortion. Thus,
the two reinterpreted principles - the notion of a 'relational' autonomy and a
redistributive justice - and the feminist perspective of 'personhood' together
justify women's rights to abortion from the ethics point of view.
Objections and the response
The four major
objections to women's right to abortion are that it (a) violates foetuses' right
to life; (b) ignores and/or encourages women's irresponsible indulgence in
sexual relationships; (c) ignores the rights of fathers and other significant
others; and (d) ignores the option that technology be developed for unwanted
foetuses to grow outside the mother's womb (so abortion need not be sought;
babies thus born could then be adopted) and unwanted children could be adopted.
The response, from the feminist ethics framework, would be grounded in the
relational aspects of human beings on the one hand and the systemic and
contextual analytical framework that characterises the feminist ethics
perspective as discussed earlier. For example, we have earlier seen that
the concept of 'personhood' from the feminist perspective does not allow the
foetus the status of 'second person' since its mother is its mediator.
Similarly, the feminist ethics framework highlights the power politics active in
all spheres of life which results in women's lack of control over reproduction
and lack of access to safe contraceptives. At the same time, though fathers
contribute equally to the foetus' genetic make up and formation, in all
societies women are most affected during pregnancy, delivery and while rearing
the child - because of biology, social conditioning and even law. Also, the
feminist ethics framework holds that women will take into account the interests
and concerns of 'significant others' while arriving at a decision on abortion.
Lastly, the options of having unwanted children grow outside the mother's womb,
and of adopting children, are considered medical encroachments on women's
reproductive autonomy. They must be resisted as they can alienate women from
their foetuses even in other circumstances (19, 20).
Ethics of sex selection
Sex selection can be
a reflection of oppressive sexism in both traditional as well as western
societies. Those in favour of sex selection argue that it would enhance the
quality of life for a child of the "wanted" sex, for the family with the desired
"sex balance" and for women as they often can be pregnant less often. Finally,
it would also help limit the population. Empirical data in various parts of the
world do not support these arguments. Among others, Overall concludes that there
appear to be no valid argument for sex selection on the ground of "enhanced
quality of life" (21). As for the argument that it helps limit population, there
is no evidence to this effect - and in any case, at what social cost would this
be done? Further, disturbances in the natural sex-ratio will have unknown
consequences. Obvious imbalances in sex ratio in China and India are attributed
to female infanticide, sex-selective abortions and a one-child per-family policy
(22).
If the feminist bioethics' argument supporting women's right to
abortion is extended mechanically, it could be seen as supporting women's right
to sex-selective abortions. For example, it is argued that if women do not
produce sons, they will be victimised by their families and communities. Thus,
women should have the right to sex-selective abortion, exercising their right to
autonomy and preventing victimisation. However, while individual women might
escape abuse this way, it actually reinforces gender inequities and accepts
social injustice. Women's right to abortion should emancipate them from
sex-based subordination. Sex-selective practices perpetuate the oppressive and
sexist society which promotes this practice.
Preconception
sex-selection technologies do not require women to abort foetuses. With advances
in medical technology, including the genome project, approval of sex selection
would set a precedent to permit choosing characteristics unrelated to disease -
eye colour, hair type and colour, height or something else. This positive
eugenics would soon lead to the commodification of human beings. The other
long-term consequence will be in terms of the increased racism and classist use
of genetic knowledge. For example, these technologies will be affordable only
for elites who would set the fashion for socially desired characteristics of
human beings (23, 24).
Once again, a thoughtful application of the feminist
ethics framework, using both the principles of redistributive justice and a
systemic analysis of the long-term consequences of sex-selection practices,
helps address the difficult ethical issues involved in sex-selective practices.
Selective abortions for disability
A new problem
comes up when considering the right to abortions of a foetus with a disability.
One might argue that the same reasoning can be applied: since women face the
most profound impact of such children upon their birth, they should be the sole
decision makers to either continue or terminate pregnancy.
However, this
position potentially strengthens the "normative" conceptualisation of
"disability" which is value-laden. It sets a precedent for elimination of
"unfit" people. Within the feminist streams, there is strong opposition emerging
to this position on these grounds. Additionally, people with disabilities are
lobbying against such views on grounds of social justice and rights of the
disabled.
This leaves us in a quandary with grey areas and unresolved
matters although from the point of view of the women, it still tends to tilt in
favour of they having right to decide in this regard.
Conclusion
The feminist perspective provides a
response to most objections to abortion, by offering a systemic analysis, a
contextual approach, and an acknowledgement of oppression and inequalities along
various axes. It also enables a resolution of seemingly contradictory positions
in favour of abortion and against sex-selective abortion. The two major
principles of principlism - respect for autonomy and justice - are
reinterpreted, based on people's experiences, thus strengthening both the
reasoning and its appeal to common people.
Acknowledgments:To Barbara Seccker, Faculty, Joint
Centre for Bioethics, University of Toronto for her comments and feedback while
the piece was in the development stage; to the unknown reviewer for review
comments and to many of my women friends in the community who constantly made me
think about these seeming contradictions.
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SUNITA BANDEWAR, Centre for Studies in Ethics and
Rights, Anusandhan Trust, Pune/ Mumbai, INDIA. Address for correspondence: C-5,
Mantri Avenue I, Panchawati, Pashan Rd, Pune 411 008 INDIA. Email:sunitavb@vsnl.net