Why Abortion isn’t Murder?
Abortion is a highly contentious and controversial issue, sparking intense debates and emotions. One of the most central and complex arguments surrounding abortion is whether or not it constitutes murder. This question has been discussed and disputed by individuals and organizations around the world. In this article, we will examine the reasons why abortion is not considered murder.
Contents
Definition of Murder
To begin with, it’s essential to understand the legal definition of murder. According to the majority of countries, murder is the killing of a human being with malicious intent, with the prosecution typically requiring evidence of "malice aforethought," which means the perpetrator deliberately intended to take the life of the victim. Murder is often seen as an act of wrongdoing, for which the perpetrator can face severe legal consequences, including imprisonment or even the death penalty.
Fetal Development
One of the main arguments against the notion that abortion is murder is that the fetus, at various stages of development, lacks the essential qualities that distinguish a human being from an animal. In other words, the fetus is not yet a living, viable human being, and thus, it’s not feasible to attribute moral status or legal rights to it in the same manner as to a born person.
The following table summarizes the general stages of human fetal development:
| Week | Major Developmental Changes |
|---|---|
| 1-2 | Fertilization, single cell formation |
| 3-5 | Divides into 2, 4, 8 cells, heartbeat begins |
| 6-9 | Organ development, implantation in uterine lining |
| 10-12 | Major organs formed, facial features developing |
| 13-16 | Skeletal and nervous system developing |
| 17-20 | Brain development, sensory organ formation |
| 21-24 | Fatty tissue accumulation, skin covering |
| 25-birth | Maturation, organ refinement |
From this, it’s apparent that human development is a gradual and complex process. The unborn child undergoes significant physical and biological transformations, becoming more advanced and distinct as pregnancy progresses. However, it is crucial to emphasize that a fetus, even at 20 weeks of gestation, does not possess cognitive abilities, motor skills, or the capacity for language, emotions, or thoughts, which are essential markers of human life.
Lack of Human Rights
Another critical argument against viewing abortion as murder is the absence of a fetus from the human rights framework. The Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), and the American Convention on Human Rights (1969), among others, explicitly and implicitly prioritize the rights and dignity of born individuals, not prenatal ones. Until a human being is born, and thus, fully integrated into society, there is no established or recognized universal human right to life, which would obligate States to protect every human life from conception onward.
It’s important to note that the notion of human rights is often subject to societal and cultural values, religious beliefs, and political pressures. However, the principles of human rights, including the right to life, are intended to be based on international law and fundamental values, not mere opinion or personal conviction.
Legal Status of a Fetus
The legal status of a fetus in various jurisdictions is also noteworthy. The majority of countries, in their laws, regulations, or constitutional frameworks, draw a distinction between a fetus and a living, born individual. Most legal systems have specific legal provisions addressing abortion, reproductive healthcare, and the rights of women and pregnant persons, but not every fetus is afforded the legal status of a human person.
Some countries explicitly recognize the unborn child’s right to life, for instance, with the Roman Catholic Church asserting that abortion is a serious moral crime. Others permit abortion with certain restrictions or under certain circumstances, often balancing fetal rights against women’s and pregnant persons’ rights, health, and well-being.
Health and Medical Perspective
Another crucial point to consider is the role of medical and health expertise in understanding human development, pregnancy, and the physical and emotional realities of an abortion. From a health perspective, the decision to terminate a pregnancy is generally seen as a woman’s health matter, under the guidance and care of medical professionals, rather than a matter of criminal punishment.
Medical evidence and peer-reviewed research suggest that certain circumstances, such as serious fetal abnormalities or life-threatening conditions, or situations in which a pregnancy poses risks to the life or well-being of a woman or her existing children, require careful consideration of the human rights and welfare of both the fetus and the affected individuals.
In a medical context, the terms "termination" or "abortion" are preferred over "killing," as they underscore the clinical and ethical significance of preserving a woman’s health and autonomy while minimizing harm or risk to others.
Conclusion
Abortion remains a highly polarizing topic, with no easy solution or consensus on the status of the unborn child or the legal implications of aborting a fetus. Based on the definition of murder, fetal development, the lack of human rights for a fetus, legal and medical perspectives, and concerns for women’s health, it is logical to argue that abortion is not murder.
Throughout this article, we’ve explored the fundamental differences in the stages of human fetal development, the absence of human rights, and legal and medical realities. Recognizing these aspects, one can better comprehend the controversy surrounding abortion, acknowledging both the ethical dilemmas involved and the diverse perspectives expressed.
Ultimately, the notion that abortion is not murder is a perspective that recognizes the complexities, nuances, and personal and intimate nature of reproductive rights, reproductive health, and the decision to terminate or continue a pregnancy. As we strive to create a more inclusive and compassionate world, it’s essential to engage in informed, evidence-based discussions that prioritize individual autonomy, medical expertise, and human dignity.
