Saturday, February 29, 2020
Although the foetus has no right to life, its interests are adequately protected by English law.
There is currently no direct right to life that is provided to a foetus, yet the law in the UK does make some attempt to protect its interests. This essay will focus on the interests that are provided to foetusââ¬â¢ in order to consider whether adequate protection is in place. In doing so, it will be examined whether every woman should have a right to abortion on demand or whether the interests of the foetus should be given due consideration. Accordingly, it will be shown that because there are arguments for and against the interests of the foetus, it is necessary for the law to strike a balance between the two competing interests. This does appear to have been achieved to a certain degree since the interests of the mother are being preserved, whilst also providing some protection to the foetus. The right to life The right to life is provided to all individuals under Article 2 of the European Convention of Human Rights (ECHR) 1951, as incorporated by the Human Rights Act (HRA) 1998. Whether or not a foetus has a right to life, however, is a highly contested topic because although the foetus does not have a right to life per se, it appears as though its interests are still being protected by the law to a certain extent.[1] On the one hand, it is believed that all women should have the right to do as they wish with their own bodies and that they should therefore have a right to abortion, yet on the other it is believed that the interests of a foetus should be provided with adequate protection.[2] The law in England does seem to have attempted to strike a balance between these two competing interests by permitting abortion, whilst at the same time imposing some restrictions. Under English law (Human Fertilisation and Embryology Act 1990) abortion is permitted until the 24th week of a pregnancy. Whilst this provides women with the right to choose what to do with their own bodies, it prevents them from having abortions in the later stages of pregnancy. Because abortion is not legally available at the request of the woman, it has been argued by the Abortion Rights Campaign that; ââ¬Å"womenââ¬â¢s access to abortion can be and is still threatened.â⬠[3] This is because, once a woman has decided that she wants to have an abortion, she will first be required to persuade two doctors to agree to her decision taking into consideration certain restrictive legal criteria.[4] Therefore, even though women are capable of having an abortion up until the 24th week of pregnancy, it will be the doctors that make the final decision. And, if they do not agree that the relevant criterion has been satisfied, they will not have to carry out the abortion. This protection is in place to enable the rights of the unborn child to be ascertained in circumstances which would render an abortion unlawful. However, the extent to which such rights are being adequately protected is in fact arguable. Confliction continues to arise in this area because of the difficultly in striking a balance between the rights of the foetus and the rights of the mother. It cannot be said that this balance is currently being achieved as there remains strong opposition of both viewpoints. As pointed out by Mason and Laurie; ââ¬Å"attitudes to abortion depend almost entirely on where the holder stands in respect of, on the one hand, the foetal interests in life and, on the other, a womanââ¬â¢s right to control her own body.â⬠[5] Consequently, because the difference in opinions is based upon moral values rather than empirical facts, it is unlikely that such confliction will ever be resolved.[6] In effect, it is unlikely that a solid understanding of the rights in this area will ever be made as the controversy surrounding abortion will continue to exist. The Foetusââ¬â¢ Right to Life It is believed that the Abortion Act 1967 violates Article 2 of the Convention on the Rights of the Child on the basis that a childââ¬â¢s rights are not being adequately protected if women are able end their pregnancy if they so wish.[7] Section 1 of the 1967 Act provides that; ââ¬Å"a person shall not be guilty of an offence under the law relating to abortion when a pregnancy is terminated by a registered medical practitioner.â⬠In effect, women will not be found guilty of an offence is they decide to have an abortion. Whilst this section does appear to undermine the rights of the foetus, the fact that the termination must be conducted by a registered medical practitioner acting in good faith suggests that some form of protection will still be in place. Furthermore, as put by Herring; ââ¬Å"for an abortion to be lawful, the abortion must comply with the requirements of the 1967 Abortion Act.â⬠[8] Section 1 will therefore only apply if certain provisions can also be sa tisfied. Nevertheless, because abortions are rarely ever refused, it could be said that the provisions under Article 2 are being undermined and that the interests of the foetus are not, in reality, being adequately protected. In view of this, it has therefore been argued by Foster that the 1967 Act is not being used in the way that Parliament intended and that abortion are instead being used as another form of contraception.[9] This demonstrates how abortion is easily accessible to women, which limits the protection that is currently being provided to the foetus. It is likely that doctors will only refuse to conduct an abortion if the womanââ¬â¢s pregnancy has gone past the 24 week threshold or if the circumstances are exceptional. This signifies how the rights of unborn children are not being preserved, yet it is debatable whether further protections ought to be in place. The right to life is an extremely sensitive subject since it basically provides a right to every human being not be killed.[10] However, much complexity exists when considering the right to life in the context of unborn children. It is difficult to determine whether the motherââ¬â¢s rights should prevail over the rights of the unborn child or vice versa. However, it has been said that the right to life is a human right that is ââ¬Å"inviolable and must be protected at all costs.â⬠[11] If this statement was to be taken strictly, every abortion would be considered a violation of oneââ¬â¢s human rights and would not be permitted. However, in order to ensure that the rights of the mother are also being protected it is necessary that abortions are permitted in certain circumstances. This would ensure that a balance is attained between the two competing interests by allowing abortions to take place only if it is deemed necessary. Consequently, abortions should not be used carelessly as another form of contraception and this would means that the rights of the mother are being given greater consideration than the rights of the foetus. Abortions should therefore not be as accessible as they currently are and should only be permitted in limited situations. It is unclear what extent the interests of the foetus are actually being considered and it seems as though the right to life is being violated by the abortion process and so further protections may need to be provided to the foetus so that the rights of unborn children are given the same considerations as the mother. At present, it appears as though the rights of the mother prevail over the rights of the foetus, despite the restrictions that are in place. In order to ensure that the foetus right to life is being protected, it is necessary to impose further restrictions upon the motherââ¬â¢s ability to have an abortion. At present, a mother is capable of aborting a foetus for various reasons including the fact that the child will suffer from a disability. Many people do not agree that this should be a reason to end the life of a foetus, though it is legal in the UK for a woman to abort a baby on grounds of disability up to birth. As a result of this many parents opt for an abortion if pre-natal screening reveals that their baby is suffering from a disability. Moreover, it has also been suggested that the parents are even put under pressure to do so.â⬠[12] The Society for the Protection of Unborn Children strongly disagrees with this approach and believes that; ââ¬Å"a person with a disab ility has the right to life along with every other member of society: aborting a baby because he or she has, or even might have, a disability, is the ultimate form of discrimination.â⬠[13] It cannot be said that the foetusââ¬â¢ right to life is being upheld as a result of this since they can be terminated at any point if they are found to have a disability. Not only does this undermined their right to life but it also discriminates against them on the grounds of their disability. As such, the provisions under the Disability Discrimination Act 1995 are too not being complied with. In Vo v France,[14] however, it was made clear that Article 2 of the Convention is ââ¬Å"silent as to the temporal limitations of the right to life, and in particular does not define ââ¬Ëeveryoneââ¬â¢ whose life is protected by the Convention.â⬠Effectively, it is clear that because Article 2 does not provide a definition as to who shall be protected, it is likely that the rights of the foetus will continue to be restricted. Jackson does not believe that the moral status of the foetus should be sufficiently wide enough to make abortion unlawful,[15] however, and it seems as though the European Court of Justice is also reluctant as identified in Open Door and Dublin Well Woman v Ireland.[16] Furthermore, in the case of X v United Kingdom[17] the ECJ also stated that the right to life would be subject to an implied limitation in order to respect the motherââ¬â¢s life even if this was at the expense of the foetusââ¬â¢ right to life under Article 2. Furthermore, it was also expressed in Paton v United Kingdom[18] that; ââ¬Å"the life of the foetus is intimately connected with, and cannot be regarded in isolation from, the life of the pregnant woman.â⬠This limited the rights of the foetus even further as it was demo nstrated that the right to life under Article 2 was not available even though the abortion was not considered necessary to protect the life of the mother. This was also identified in H v Norway,[19] which illustrates that even if an abortion occurred as a result of the motherââ¬â¢s choice and there lacked any specific reason for terminating the pregnancy, Article 2 will still not be capable of providing protection to a foetus if this is at the expense of the mothers rights. This seems to indicate that unborn children are not actually provided with any rights despite the fact that Article 2 initially seemed to protect such interests. The termination of a pregnancy will continue to be a morally and ethically complex issue, particularly if the reason for aborting relates to a foetal abnormality.[20] It has been pointed out that a clear legal framework is needed because of the complexities that exist in this area, though it was noted that this continues to prove extremely difficult to create.[21] The Rights of the Mother Whilst it is believed by many that the rights of the foetus should be given due consideration, it is equally argued that the rights of women should be considered foremost when deciding whether an abortion is lawful or not. This was shown in Roe v Wade[22] where it was made clear by the Court that a person has a right to abortion unless the foetus has become viable. This means that the foetus does not become a human being until it is capable of living outside the motherââ¬â¢s womb without any artificial aid.[23] Although this decision was made by a Court in the US, it sparked a significant amount of debate. It was argued on the one hand that a foetus becomes a child whilst it is still in the womb and that the decision whether or not to allow abortion to take effect should not be based upon whether a foetus has the capacity to enjoy life as a person.[24] It has been said that the decision in this case effectively allows an abortion on demand to take place.[25] On the other hand, how ever, it has been expressed by Loveland that; ââ¬Å"the judgment neither produced abortion on demand nor allowed states to prevent late-stage terminations.â⬠[26] The decision in Planned Parenthood v Casey[27] imposed further limitations on the rights of the mother when it was found that the viability period would be reduced from 24 weeks to 22 weeks. It is questionable whether this was sufficient in ensuring that the right to life of the foetus under Article 2 was being provided with greater protection since the rights of the mother will continue to prevail in the majority of situations. It could be said that it is necessary for the motherââ¬â¢s rights to be ascertained over the rights of the unborn child because women should be regarded as individuals as opposed to being merely containers for the foetus. In accordance with this, greater consideration should be given to the rights of the mother, though some protections should also be available for the unborn.[28] Arguably, it is important that both the rights of the mother and the unborn child shall be considered, though much more weight ought to be given to the motherââ¬â¢s interests as she is already considered a viable person. It has been contended by Herring that; ââ¬Å"women who want an abortion should not be required to continue with the pregnancy.â⬠[29] Therefore, although Article 2 expressly states that the right to life is to apply to ââ¬Å"everyoneâ⬠, the extent to which this applies to the foetus is arguable in view of the confliction that exists between the rights of the mother and the rights of the foetus. In A-Gââ¬â¢s Reference (No 3 of 119)[30] it was noted that a foetus is not regarded as a ââ¬Å"personâ⬠and will therefore not be directly protected by Article 2 of the Convention. It was further added that the only right to life in which a foetus has is implicitly limited by the motherââ¬â¢s rights and interests. This suggests that a foetus will only be provided with the right to life indirectly from the mothers right under Article 2. It is unclear whether this completely undermines a foetusââ¬â¢ right to life, though it seems likely given that that Article 2 will not be violated if a pregnancy is terminated. The Courts have expressed great reluctance to elucidate on this matter, by assessing whether Article 2 will provide rights to the foetus or not, because of the existing moral and ethical considerations. As a result, great complexity continues to exist within this area of the law and unless Article 2 is more clearly defined, complexity will continue to ensue. Yet, because of the moral issues that are prevalent throughout, it seems as though a single approach would not be workable. Therefore, the decision as to whether an abortion should be permitted or not will continue to be decided on a case by case basis. As such, it will depend primarily upon the circumstances of each case. This allows a certain degree of flexibility to exist which is necessary given that each case will differ from the next. However, it is likely that the rights of the mother will continue to be favoured over the rights of the unborn child. Nevertheless, because of the politics that surround abortion, the European Court of Human Rights has been said to be ââ¬Å"wary of making a general rule concerning the legal status of the foetus, preferring to leave this question to the margin of appreciation.â⬠[31] It cannot be said that this is acceptable given the ambiguity that arises within this area. But because there is no right or wrong answer as to whether the rights of the mother should prevail over the rights of the foetus the legal status of the foetus could not be defined by the Courts without attracting opposition. It could be said that the UK has made some attempt to identify the rights of the foetus despite the fact that no right to life exists, yet the extent to which these interests are being protected will be likely to remain debated. When the case of Vo was brought before the ECHR they appeared to focus more on the question as to when life begins as well the nature and characteristics of the foetus, as opposed to focusing on the relationship between the mother and her potential child and the others right to reproductive freedom and autonomy.[32] Therefore, the approach taken by the ECHR should have been based upon the recognition of foetal interests as well as the loss of a motherââ¬â¢s relationship. Whilst this would not have addressed all of the difficulties that arise in this area, it would have provided some recognition as to the interests of the foetus. Much more needs to be done if foetal interests are to be provided with greater protected, whilst at the same time maintaining the rights of the mother. The rights of the mother appear to be protected in favour of the rights of the foetus, yet it has been said that this ensure the human dignity of the mother is being preserved.[33] This is because if a mother was not provided with the choice to terminate a pregnancy, it is likely that their human dignity would be violated. Whilst this this may be at the expense of the rights enshrined in Article 2, it is deemed necessary in protecting the motherââ¬â¢s interests. Balancing the Rights It is doubtful that the rights of the foetus and the rights of the mother are being balanced since the rights of the foetus continue to be undermined. Whilst there are some protections in place to preserve the interests of the foetus, these do not appear sufficient and so it seems as though tighter restrictions ought to be implemented to ensure that abortion is not easily accessible. This would allow for a more acceptable balance to be attained because at present it seems to be largely one-sided. If abortion was only permitted in extreme circumstances, it would not be capable of being used as another form of contraception and the interests of the foetus would be better recognised. On the contrary, it is argued that further limitations would limit the mothers freedom to choose and their own rights would be undermined if Article 2 was to provide express rights to unborn children. Therefore, whilst abortion should still be permitted, limitations should be imposed so that the rights of the foetus are given better protection. It is unclear whether judges should be left to make a decision on whether an abortion is lawful or not since opinions will differ significantly on this subject. Thus, it cannot be said that judges should be left to decide upon moral issues. Whilst one judge may agree with abortion, another judge may not as individuals have different perceptions on what is and what is not morally right. This is why the courts have been quite reluctant to use a single approach when deciding upon the interests of a foetus and it seems that the matter is better left undefined. This was identified by Sandel when it was argued that there are differences of opinions as to whether abortion is morally reprehensible and therefore worthy of prohibition, whilst many avoid passing judgment on the morality of these practices.[34] The ECHR appears to have adopted the latter approach, by failing to provide a decision on the legal status of foetusââ¬â¢. This lack of definition may actually be in the interests of the foetus since rights are capable of being provided that may not have been had a definition been in place. The determination as to whether abortion should be a motherââ¬â¢s choice or not will be capable of being assessed differently in all cases. This is necessary given the diverging opinions that exist since it will continue to be argued by many that Article 2 should provide a right to ââ¬Å"anyoneâ⬠including unborn children, whilst others will continue to be of the view that the decision should be left with the freedom of choice as protected u nder Article 13 of the Convention. The current practice that is being adopted in striking a balance between the two competing interests does appear to be the most plausible approach to take since each case will be determined by its facts. This could, however, lead to judicial activism occurring, which appears to have happened in the Roe case above which was described by Thielen as ââ¬Å"an incredible reach of judicial activism.â⬠[35] Judicial activism occurs when a ruling is said to be based upon political or personal considerations as opposed to being based upon existing law.[36] Therefore, if when Courts are provided with the ability to decide upon matters concerning abortion, judicial activism is likely to emerge which undermines social policy and, in some instances, human rights. Still, as put forward by Ewing and Gearty; ââ¬Å"English judges have shown a powerful engagement with the rights of the unborn in the past,â⬠[37] yet whether violations of oneââ¬â¢s huma n rights are arising out of this is likely and it seems quite difficult for a balance to be achieved between the rights of the unborn with the rights of the mother. Conclusion This area is extremely controversial and because of this it is difficult for legislators as well as the judiciary to make a decision as to whether a foetus does have rights. Many people are of the view that every woman should have the right to choose whether or not to have an abortion, yet not all agree with this. Instead, it is argued that women are capable of using abortion as a form of contraception because of how easily accessible it is. Whilst there are some restraints in place to prevent this from happening, such as the requirement to obtain permission from two doctors, it cannot be said that such measures are effective. This is because it is highly unlikely that an abortion would be refused unless the stages of pregnancy have gone past the 24 week threshold. Furthermore, because women are permitted to have an abortion past this stage if the unborn child is suffering from a disability, the rights of the foetus are being undermined even further. It is therefore questionable whet her the current law is effective in preserving the interests of the foetus since the law has not made it difficult for abortions to be performed. Therefore, it could be said that further restrictions are needed so as to balance the rights of the mother with the rights of the unborn child. Conversely, because there is a limit on the number of weeks a person can abort a foetus, it could be said that their interests are being adequately protected to a certain degree. Whether this is sufficient, however, is likely to remain a contestable subject for many years to come as there will continue to be differing opinions as to whether abortion should be so easily available. In effect, there are both strengths and weaknesses for right to abortion, yet it is questionable whether the strengths do in fact outweigh the weaknesses. BIBLIOGRAPHY Cases: A-Gââ¬â¢s Reference (No 3 of 119) [1998] AC 245 H v Norway (1992) 73 D R 155 Open Door and Dublin Well Woman v Ireland (1992) 14 EHRR 244 Paton v United Kingdom (1980) 3 EHRR 408 Planned Parenthood v Casey (1992) 404 U.S. 833 Roe v Wade (1973) 410 U.S. 113 Vo v France Judgement of 8 July 2004 40 EHRR 12 X v United Kingdom (1980) 19 D R 244 Legislation: Abortion Act 1967 Disability Discrimination Act 1995 European Convention of Human Rights 1951 Human Fertilisation and Embryology Act 1990 Human Rights Act 1998 Textbooks: Herring, J. Law Express: Medical Law (Revision Guide), Longman, 2nd Edition, (2009). Herring, J. Medical Law and Ethics, OUP Oxford, 3rd Edition, (2010). Hope, T., Savulescu, J. and Hendrick, J. Medical Ethics and Law: The Core Curriculum, Churchill Livingstone, 2nd Edition, (2008). Kaczor, C., The Ethics of Abortion: Womenââ¬â¢s Rights, Human Life, and the Question of Justice, (Routledge: London, 2013). Kennedy, I., Grubb, A., Laing, J. and McHale, J. Principles of Medical Law, OUP Oxford, 3rd Edition, (2010). Jackson, E. Medical Law: Text, Cases and Materials (Text, Cases and Materials), OUP Oxford, 2nd Edition, (2009). Mason, K. and Laurie, G. Mason and McCall Smithââ¬â¢s Law and Medical Ethics, OUP Oxford, 8th Edition, (2010). Articles: Abortion Rights Campaign, Why women need a modern abortion, law and better services, Available [Online] at: http://www.abortionrights.org.uk/content/view/180/121/ BBC, Womenââ¬â¢s Rights Arguments in Favour of Abortion, Ethics Guide, (1992), Available [Online] at: http://www.bbc.co.uk/ethics/abortion/mother/for_1.shtml K.D and Gearty. CA, Terminating Abortion RightsNew Law Journal, 142 NLJ 1969, Issue 6579, (04 December, 1992). C, Forty Years On, New Law Journal, 157 NLJ 1517, Issue 7295, (02 November, 2007). Frankenburg, G., ââ¬ËHuman Rights and the Belief in a Just Worldââ¬â¢ International Journal of Constitutional Law, Volume 12, Issue 1. Holetzky, S. What is Judicial Activism(04 February, 2010), Available [Online] at: http://www.wisegeek.com/what-is-judicial-activism.htm Human Rights, Right to Life: Not just an abortion issue, Available [Online] at: http://www.abouthumanrights.co.uk/right-life-not-just-abortion-issue.html I, A Vacancy in the Supreme Court, New Law Journal, 144 NLJ 537, Issue 6644, (22 April, 1994). McCrudden, C. Human Dignity and Judicial Interpretation of Human Rights, European Journal of International Law, EJIL 2008 19 (655), Issue 4, (01 September, 2008). Oââ¬â¢Donovan, K. Commentary, Medical Law Review, Med Law Rev 2006 14 (115), (01 March, 2006). Sandel, M. J. Symposium: Law, Community, and Moral Reasoning Moral Argument and Liberal Toleration: Abortion and Homosexuality, California Law Review, 77 Calif. L. Rev. 521, (May, 1989). The Society for the Protection of Unborn Children, SPUC, Abortion and disability or eugenic abortion, Available [Online] at: http://www.spuc.org.uk/students/abortion/disability Thielen, D. Overturn Roe v Wade, Liberal and Loving It, (2005), Available [Online] at: http://www.davidthielen.info/politics/2005/08/overturn_roe_vs.html Wicks, E., Wyldes, M. and Kilby, M. Late Termination of Pregnancy for Foetal Abnormality: Medical and Legal Perspectives, Medical Law Review, Med Law Rev 2004.12 (285), (01 September, 2004). Although the foetus has no right to life, its interests are adequately protected by English law. There is currently no direct right to life that is provided to a foetus, yet the law in the UK does make some attempt to protect its interests. This essay will focus on the interests that are provided to foetusââ¬â¢ in order to consider whether adequate protection is in place. In doing so, it will be examined whether every woman should have a right to abortion on demand or whether the interests of the foetus should be given due consideration. Accordingly, it will be shown that because there are arguments for and against the interests of the foetus, it is necessary for the law to strike a balance between the two competing interests. This does appear to have been achieved to a certain degree since the interests of the mother are being preserved, whilst also providing some protection to the foetus. The right to life The right to life is provided to all individuals under Article 2 of the European Convention of Human Rights (ECHR) 1951, as incorporated by the Human Rights Act (HRA) 1998. Whether or not a foetus has a right to life, however, is a highly contested topic because although the foetus does not have a right to life per se, it appears as though its interests are still being protected by the law to a certain extent.[1] On the one hand, it is believed that all women should have the right to do as they wish with their own bodies and that they should therefore have a right to abortion, yet on the other it is believed that the interests of a foetus should be provided with adequate protection.[2] The law in England does seem to have attempted to strike a balance between these two competing interests by permitting abortion, whilst at the same time imposing some restrictions. Under English law (Human Fertilisation and Embryology Act 1990) abortion is permitted until the 24th week of a pregnancy. Whilst this provides women with the right to choose what to do with their own bodies, it prevents them from having abortions in the later stages of pregnancy. Because abortion is not legally available at the request of the woman, it has been argued by the Abortion Rights Campaign that; ââ¬Å"womenââ¬â¢s access to abortion can be and is still threatened.â⬠[3] This is because, once a woman has decided that she wants to have an abortion, she will first be required to persuade two doctors to agree to her decision taking into consideration certain restrictive legal criteria.[4] Therefore, even though women are capable of having an abortion up until the 24th week of pregnancy, it will be the doctors that make the final decision. And, if they do not agree that the relevant criterion has been satisfied, they will not have to carry out the abortion. This protection is in place to enable the rights of the unborn child to be ascertained in circumstances which would render an abortion unlawful. However, the extent to which such rights are being adequately protected is in fact arguable. Confliction continues to arise in this area because of the difficultly in striking a balance between the rights of the foetus and the rights of the mother. It cannot be said that this balance is currently being achieved as there remains strong opposition of both viewpoints. As pointed out by Mason and Laurie; ââ¬Å"attitudes to abortion depend almost entirely on where the holder stands in respect of, on the one hand, the foetal interests in life and, on the other, a womanââ¬â¢s right to control her own body.â⬠[5] Consequently, because the difference in opinions is based upon moral values rather than empirical facts, it is unlikely that such confliction will ever be resolved.[6] In effect, it is unlikely that a solid understanding of the rights in this area will ever be made as the controversy surrounding abortion will continue to exist. The Foetusââ¬â¢ Right to Life It is believed that the Abortion Act 1967 violates Article 2 of the Convention on the Rights of the Child on the basis that a childââ¬â¢s rights are not being adequately protected if women are able end their pregnancy if they so wish.[7] Section 1 of the 1967 Act provides that; ââ¬Å"a person shall not be guilty of an offence under the law relating to abortion when a pregnancy is terminated by a registered medical practitioner.â⬠In effect, women will not be found guilty of an offence is they decide to have an abortion. Whilst this section does appear to undermine the rights of the foetus, the fact that the termination must be conducted by a registered medical practitioner acting in good faith suggests that some form of protection will still be in place. Furthermore, as put by Herring; ââ¬Å"for an abortion to be lawful, the abortion must comply with the requirements of the 1967 Abortion Act.â⬠[8] Section 1 will therefore only apply if certain provisions can also be sa tisfied. Nevertheless, because abortions are rarely ever refused, it could be said that the provisions under Article 2 are being undermined and that the interests of the foetus are not, in reality, being adequately protected. In view of this, it has therefore been argued by Foster that the 1967 Act is not being used in the way that Parliament intended and that abortion are instead being used as another form of contraception.[9] This demonstrates how abortion is easily accessible to women, which limits the protection that is currently being provided to the foetus. It is likely that doctors will only refuse to conduct an abortion if the womanââ¬â¢s pregnancy has gone past the 24 week threshold or if the circumstances are exceptional. This signifies how the rights of unborn children are not being preserved, yet it is debatable whether further protections ought to be in place. The right to life is an extremely sensitive subject since it basically provides a right to every human being not be killed.[10] However, much complexity exists when considering the right to life in the context of unborn children. It is difficult to determine whether the motherââ¬â¢s rights should prevail over the rights of the unborn child or vice versa. However, it has been said that the right to life is a human right that is ââ¬Å"inviolable and must be protected at all costs.â⬠[11] If this statement was to be taken strictly, every abortion would be considered a violation of oneââ¬â¢s human rights and would not be permitted. However, in order to ensure that the rights of the mother are also being protected it is necessary that abortions are permitted in certain circumstances. This would ensure that a balance is attained between the two competing interests by allowing abortions to take place only if it is deemed necessary. Consequently, abortions should not be used carelessly as another form of contraception and this would means that the rights of the mother are being given greater consideration than the rights of the foetus. Abortions should therefore not be as accessible as they currently are and should only be permitted in limited situations. It is unclear what extent the interests of the foetus are actually being considered and it seems as though the right to life is being violated by the abortion process and so further protections may need to be provided to the foetus so that the rights of unborn children are given the same considerations as the mother. At present, it appears as though the rights of the mother prevail over the rights of the foetus, despite the restrictions that are in place. In order to ensure that the foetus right to life is being protected, it is necessary to impose further restrictions upon the motherââ¬â¢s ability to have an abortion. At present, a mother is capable of aborting a foetus for various reasons including the fact that the child will suffer from a disability. Many people do not agree that this should be a reason to end the life of a foetus, though it is legal in the UK for a woman to abort a baby on grounds of disability up to birth. As a result of this many parents opt for an abortion if pre-natal screening reveals that their baby is suffering from a disability. Moreover, it has also been suggested that the parents are even put under pressure to do so.â⬠[12] The Society for the Protection of Unborn Children strongly disagrees with this approach and believes that; ââ¬Å"a person with a disab ility has the right to life along with every other member of society: aborting a baby because he or she has, or even might have, a disability, is the ultimate form of discrimination.â⬠[13] It cannot be said that the foetusââ¬â¢ right to life is being upheld as a result of this since they can be terminated at any point if they are found to have a disability. Not only does this undermined their right to life but it also discriminates against them on the grounds of their disability. As such, the provisions under the Disability Discrimination Act 1995 are too not being complied with. In Vo v France,[14] however, it was made clear that Article 2 of the Convention is ââ¬Å"silent as to the temporal limitations of the right to life, and in particular does not define ââ¬Ëeveryoneââ¬â¢ whose life is protected by the Convention.â⬠Effectively, it is clear that because Article 2 does not provide a definition as to who shall be protected, it is likely that the rights of the foetus will continue to be restricted. Jackson does not believe that the moral status of the foetus should be sufficiently wide enough to make abortion unlawful,[15] however, and it seems as though the European Court of Justice is also reluctant as identified in Open Door and Dublin Well Woman v Ireland.[16] Furthermore, in the case of X v United Kingdom[17] the ECJ also stated that the right to life would be subject to an implied limitation in order to respect the motherââ¬â¢s life even if this was at the expense of the foetusââ¬â¢ right to life under Article 2. Furthermore, it was also expressed in Paton v United Kingdom[18] that; ââ¬Å"the life of the foetus is intimately connected with, and cannot be regarded in isolation from, the life of the pregnant woman.â⬠This limited the rights of the foetus even further as it was demo nstrated that the right to life under Article 2 was not available even though the abortion was not considered necessary to protect the life of the mother. This was also identified in H v Norway,[19] which illustrates that even if an abortion occurred as a result of the motherââ¬â¢s choice and there lacked any specific reason for terminating the pregnancy, Article 2 will still not be capable of providing protection to a foetus if this is at the expense of the mothers rights. This seems to indicate that unborn children are not actually provided with any rights despite the fact that Article 2 initially seemed to protect such interests. The termination of a pregnancy will continue to be a morally and ethically complex issue, particularly if the reason for aborting relates to a foetal abnormality.[20] It has been pointed out that a clear legal framework is needed because of the complexities that exist in this area, though it was noted that this continues to prove extremely difficult to create.[21] The Rights of the Mother Whilst it is believed by many that the rights of the foetus should be given due consideration, it is equally argued that the rights of women should be considered foremost when deciding whether an abortion is lawful or not. This was shown in Roe v Wade[22] where it was made clear by the Court that a person has a right to abortion unless the foetus has become viable. This means that the foetus does not become a human being until it is capable of living outside the motherââ¬â¢s womb without any artificial aid.[23] Although this decision was made by a Court in the US, it sparked a significant amount of debate. It was argued on the one hand that a foetus becomes a child whilst it is still in the womb and that the decision whether or not to allow abortion to take effect should not be based upon whether a foetus has the capacity to enjoy life as a person.[24] It has been said that the decision in this case effectively allows an abortion on demand to take place.[25] On the other hand, how ever, it has been expressed by Loveland that; ââ¬Å"the judgment neither produced abortion on demand nor allowed states to prevent late-stage terminations.â⬠[26] The decision in Planned Parenthood v Casey[27] imposed further limitations on the rights of the mother when it was found that the viability period would be reduced from 24 weeks to 22 weeks. It is questionable whether this was sufficient in ensuring that the right to life of the foetus under Article 2 was being provided with greater protection since the rights of the mother will continue to prevail in the majority of situations. It could be said that it is necessary for the motherââ¬â¢s rights to be ascertained over the rights of the unborn child because women should be regarded as individuals as opposed to being merely containers for the foetus. In accordance with this, greater consideration should be given to the rights of the mother, though some protections should also be available for the unborn.[28] Arguably, it is important that both the rights of the mother and the unborn child shall be considered, though much more weight ought to be given to the motherââ¬â¢s interests as she is already considered a viable person. It has been contended by Herring that; ââ¬Å"women who want an abortion should not be required to continue with the pregnancy.â⬠[29] Therefore, although Article 2 expressly states that the right to life is to apply to ââ¬Å"everyoneâ⬠, the extent to which this applies to the foetus is arguable in view of the confliction that exists between the rights of the mother and the rights of the foetus. In A-Gââ¬â¢s Reference (No 3 of 119)[30] it was noted that a foetus is not regarded as a ââ¬Å"personâ⬠and will therefore not be directly protected by Article 2 of the Convention. It was further added that the only right to life in which a foetus has is implicitly limited by the motherââ¬â¢s rights and interests. This suggests that a foetus will only be provided with the right to life indirectly from the mothers right under Article 2. It is unclear whether this completely undermines a foetusââ¬â¢ right to life, though it seems likely given that that Article 2 will not be violated if a pregnancy is terminated. The Courts have expressed great reluctance to elucidate on this matter, by assessing whether Article 2 will provide rights to the foetus or not, because of the existing moral and ethical considerations. As a result, great complexity continues to exist within this area of the law and unless Article 2 is more clearly defined, complexity will continue to ensue. Yet, because of the moral issues that are prevalent throughout, it seems as though a single approach would not be workable. Therefore, the decision as to whether an abortion should be permitted or not will continue to be decided on a case by case basis. As such, it will depend primarily upon the circumstances of each case. This allows a certain degree of flexibility to exist which is necessary given that each case will differ from the next. However, it is likely that the rights of the mother will continue to be favoured over the rights of the unborn child. Nevertheless, because of the politics that surround abortion, the European Court of Human Rights has been said to be ââ¬Å"wary of making a general rule concerning the legal status of the foetus, preferring to leave this question to the margin of appreciation.â⬠[31] It cannot be said that this is acceptable given the ambiguity that arises within this area. But because there is no right or wrong answer as to whether the rights of the mother should prevail over the rights of the foetus the legal status of the foetus could not be defined by the Courts without attracting opposition. It could be said that the UK has made some attempt to identify the rights of the foetus despite the fact that no right to life exists, yet the extent to which these interests are being protected will be likely to remain debated. When the case of Vo was brought before the ECHR they appeared to focus more on the question as to when life begins as well the nature and characteristics of the foetus, as opposed to focusing on the relationship between the mother and her potential child and the others right to reproductive freedom and autonomy.[32] Therefore, the approach taken by the ECHR should have been based upon the recognition of foetal interests as well as the loss of a motherââ¬â¢s relationship. Whilst this would not have addressed all of the difficulties that arise in this area, it would have provided some recognition as to the interests of the foetus. Much more needs to be done if foetal interests are to be provided with greater protected, whilst at the same time maintaining the rights of the mother. The rights of the mother appear to be protected in favour of the rights of the foetus, yet it has been said that this ensure the human dignity of the mother is being preserved.[33] This is because if a mother was not provided with the choice to terminate a pregnancy, it is likely that their human dignity would be violated. Whilst this this may be at the expense of the rights enshrined in Article 2, it is deemed necessary in protecting the motherââ¬â¢s interests. Balancing the Rights It is doubtful that the rights of the foetus and the rights of the mother are being balanced since the rights of the foetus continue to be undermined. Whilst there are some protections in place to preserve the interests of the foetus, these do not appear sufficient and so it seems as though tighter restrictions ought to be implemented to ensure that abortion is not easily accessible. This would allow for a more acceptable balance to be attained because at present it seems to be largely one-sided. If abortion was only permitted in extreme circumstances, it would not be capable of being used as another form of contraception and the interests of the foetus would be better recognised. On the contrary, it is argued that further limitations would limit the mothers freedom to choose and their own rights would be undermined if Article 2 was to provide express rights to unborn children. Therefore, whilst abortion should still be permitted, limitations should be imposed so that the rights of the foetus are given better protection. It is unclear whether judges should be left to make a decision on whether an abortion is lawful or not since opinions will differ significantly on this subject. Thus, it cannot be said that judges should be left to decide upon moral issues. Whilst one judge may agree with abortion, another judge may not as individuals have different perceptions on what is and what is not morally right. This is why the courts have been quite reluctant to use a single approach when deciding upon the interests of a foetus and it seems that the matter is better left undefined. This was identified by Sandel when it was argued that there are differences of opinions as to whether abortion is morally reprehensible and therefore worthy of prohibition, whilst many avoid passing judgment on the morality of these practices.[34] The ECHR appears to have adopted the latter approach, by failing to provide a decision on the legal status of foetusââ¬â¢. This lack of definition may actually be in the interests of the foetus since rights are capable of being provided that may not have been had a definition been in place. The determination as to whether abortion should be a motherââ¬â¢s choice or not will be capable of being assessed differently in all cases. This is necessary given the diverging opinions that exist since it will continue to be argued by many that Article 2 should provide a right to ââ¬Å"anyoneâ⬠including unborn children, whilst others will continue to be of the view that the decision should be left with the freedom of choice as protected u nder Article 13 of the Convention. The current practice that is being adopted in striking a balance between the two competing interests does appear to be the most plausible approach to take since each case will be determined by its facts. This could, however, lead to judicial activism occurring, which appears to have happened in the Roe case above which was described by Thielen as ââ¬Å"an incredible reach of judicial activism.â⬠[35] Judicial activism occurs when a ruling is said to be based upon political or personal considerations as opposed to being based upon existing law.[36] Therefore, if when Courts are provided with the ability to decide upon matters concerning abortion, judicial activism is likely to emerge which undermines social policy and, in some instances, human rights. Still, as put forward by Ewing and Gearty; ââ¬Å"English judges have shown a powerful engagement with the rights of the unborn in the past,â⬠[37] yet whether violations of oneââ¬â¢s huma n rights are arising out of this is likely and it seems quite difficult for a balance to be achieved between the rights of the unborn with the rights of the mother. Conclusion This area is extremely controversial and because of this it is difficult for legislators as well as the judiciary to make a decision as to whether a foetus does have rights. Many people are of the view that every woman should have the right to choose whether or not to have an abortion, yet not all agree with this. Instead, it is argued that women are capable of using abortion as a form of contraception because of how easily accessible it is. Whilst there are some restraints in place to prevent this from happening, such as the requirement to obtain permission from two doctors, it cannot be said that such measures are effective. This is because it is highly unlikely that an abortion would be refused unless the stages of pregnancy have gone past the 24 week threshold. Furthermore, because women are permitted to have an abortion past this stage if the unborn child is suffering from a disability, the rights of the foetus are being undermined even further. It is therefore questionable whet her the current law is effective in preserving the interests of the foetus since the law has not made it difficult for abortions to be performed. Therefore, it could be said that further restrictions are needed so as to balance the rights of the mother with the rights of the unborn child. Conversely, because there is a limit on the number of weeks a person can abort a foetus, it could be said that their interests are being adequately protected to a certain degree. Whether this is sufficient, however, is likely to remain a contestable subject for many years to come as there will continue to be differing opinions as to whether abortion should be so easily available. In effect, there are both strengths and weaknesses for right to abortion, yet it is questionable whether the strengths do in fact outweigh the weaknesses. BIBLIOGRAPHY Cases: A-Gââ¬â¢s Reference (No 3 of 119) [1998] AC 245 H v Norway (1992) 73 D R 155 Open Door and Dublin Well Woman v Ireland (1992) 14 EHRR 244 Paton v United Kingdom (1980) 3 EHRR 408 Planned Parenthood v Casey (1992) 404 U.S. 833 Roe v Wade (1973) 410 U.S. 113 Vo v France Judgement of 8 July 2004 40 EHRR 12 X v United Kingdom (1980) 19 D R 244 Legislation: Abortion Act 1967 Disability Discrimination Act 1995 European Convention of Human Rights 1951 Human Fertilisation and Embryology Act 1990 Human Rights Act 1998 Textbooks: Herring, J. Law Express: Medical Law (Revision Guide), Longman, 2nd Edition, (2009). Herring, J. Medical Law and Ethics, OUP Oxford, 3rd Edition, (2010). Hope, T., Savulescu, J. and Hendrick, J. Medical Ethics and Law: The Core Curriculum, Churchill Livingstone, 2nd Edition, (2008). Kaczor, C., The Ethics of Abortion: Womenââ¬â¢s Rights, Human Life, and the Question of Justice, (Routledge: London, 2013). Kennedy, I., Grubb, A., Laing, J. and McHale, J. Principles of Medical Law, OUP Oxford, 3rd Edition, (2010). Jackson, E. Medical Law: Text, Cases and Materials (Text, Cases and Materials), OUP Oxford, 2nd Edition, (2009). Mason, K. and Laurie, G. Mason and McCall Smithââ¬â¢s Law and Medical Ethics, OUP Oxford, 8th Edition, (2010). Articles: Abortion Rights Campaign, Why women need a modern abortion, law and better services, Available [Online] at: http://www.abortionrights.org.uk/content/view/180/121/ BBC, Womenââ¬â¢s Rights Arguments in Favour of Abortion, Ethics Guide, (1992), Available [Online] at: http://www.bbc.co.uk/ethics/abortion/mother/for_1.shtml K.D and Gearty. CA, Terminating Abortion RightsNew Law Journal, 142 NLJ 1969, Issue 6579, (04 December, 1992). C, Forty Years On, New Law Journal, 157 NLJ 1517, Issue 7295, (02 November, 2007). Frankenburg, G., ââ¬ËHuman Rights and the Belief in a Just Worldââ¬â¢ International Journal of Constitutional Law, Volume 12, Issue 1. Holetzky, S. What is Judicial Activism(04 February, 2010), Available [Online] at: http://www.wisegeek.com/what-is-judicial-activism.htm Human Rights, Right to Life: Not just an abortion issue, Available [Online] at: http://www.abouthumanrights.co.uk/right-life-not-just-abortion-issue.html I, A Vacancy in the Supreme Court, New Law Journal, 144 NLJ 537, Issue 6644, (22 April, 1994). McCrudden, C. Human Dignity and Judicial Interpretation of Human Rights, European Journal of International Law, EJIL 2008 19 (655), Issue 4, (01 September, 2008). Oââ¬â¢Donovan, K. Commentary, Medical Law Review, Med Law Rev 2006 14 (115), (01 March, 2006). Sandel, M. J. Symposium: Law, Community, and Moral Reasoning Moral Argument and Liberal Toleration: Abortion and Homosexuality, California Law Review, 77 Calif. L. Rev. 521, (May, 1989). The Society for the Protection of Unborn Children, SPUC, Abortion and disability or eugenic abortion, Available [Online] at: http://www.spuc.org.uk/students/abortion/disability Thielen, D. Overturn Roe v Wade, Liberal and Loving It, (2005), Available [Online] at: http://www.davidthielen.info/politics/2005/08/overturn_roe_vs.html Wicks, E., Wyldes, M. and Kilby, M. Late Termination of Pregnancy for Foetal Abnormality: Medical and Legal Perspectives, Medical Law Review, Med Law Rev 2004.12 (285), (01 September, 2004).
Thursday, February 13, 2020
Macro Economics Assignment Example | Topics and Well Written Essays - 500 words - 1
Macro Economics - Assignment Example The ECB is thinking of buying corporate bonds as an option if it believes that more measures are needed to increase money into the European economy. Though such an idea does not seem to be imminent, investors snapped up stocks and sold the euro based on ECBââ¬â¢s thinking. Investors are moved by signs that ECB is considering more policy measures to increase money in the European economy if current measures such as low interest rates, new bank lending facility as well as a program to buy particular types of debts fail to boost economic growth and inflation. Franceââ¬â¢s CAC 40 went up by 2.3 percent and Germanyââ¬â¢s DA rose by 1.9 percent. In the same vein, Spanish stock rose by 2.4 percent and Italian stock went up by 2.8 percent. The ECBââ¬â¢s current initiatives are geared toward adding money supply to the economy by increasing the amount of assets on its books. ECB creates new bank reserves by printing money to purchase assets. The graph below shows there is a decrease in money supplied in the European economy. The European Central Bank (ECB) has to put into play policy measures that will move the graph to the right as shown by the arrow. These measures include low interest rates, buying of corporate bonds as well as new bank lending facility which will add money to the economy and push the graph to the right in order to boost economic growth and inflation. The nominal interest rate must decrease to encourage the demand for money back to the equilibrium. It is worth to note that an decrease in the nominal interest rate will decrease the demand for savings and so increase the demand for money. Cox, Josie and Blackstone, Brian. ââ¬Å"European Stocks Jump as ECB Mulls Buying Corporate Bondsâ⬠http://online.wsj.com/articles/european-stock-markets-edge-higher 1413878920?mod=WSJ_hp_LEFTWhatsNewsCollection (accessed October 21,
Saturday, February 1, 2020
In no more than 2,000 words, you are required to give a detailed Essay
In no more than 2,000 words, you are required to give a detailed account of the legal arguments you would put forward for the discharge of Edna Elliot by the MH - Essay Example Every adult is presumed to deserve the sufficient capacity of understanding the decisions made by him and consequences of any action (Sumond, 2005, p.45). "Mental capacity is the term used to describe a cluster of mental skills that people use in their day to day lives in making decisions" (Capacity and Consent, p.1) Speaking in easier terms, mental capacity means the ability of an individual to make a decision about specific elements of their life" (Crawley & Williams, 2007, p.3). Actually, the concept is not a unanimous as it differs in varied context. "Consent is the voluntary or unconditional permission of a person to a given dealing" (Crawley & Williams, 2007, p.3). This relates to the free-will of an individual about a particular matter and corresponds to the psychoanalytical explanation. Permission or decision obtained through force, fraud or intimidation is not considered as consent. As per the provision of Mental Health Act, 1983 consent indicates a voluntary or unconditiona l willingness of a person for the commission of a particular act which is within the knowledge of the said person. If a certain adult suffers from mental incapacity, effort should be taken so that the best interests of the individual can be sustained. House of Lords has defined 'best interest' as: "[n]ecessary to save life or prevent a deterioration or ensure an improvement in the patient's physical or mental health; and in accordance with a practice accepted at the time by a responsible body of medical opinion skilled in the particular form of treatment in question" (Capacity and Consent, p.4). Mental incapacity is equally applicable to persons of all ages including the children. The Children's Commissioner for England ('the Children's Commissioner') was established under by the Children Act 2004. This body is invested with the responsibilities of promoting and protecting the interests of Children. Clause 24 of Mental Health Act 1983 has made some changes regarding the children und er the age of 18. The amendment states that "children with mental health problems would receive assessment, treatment and care from child and adolescent mental health specialists and where in-patient care is needed, are placed in age appropriate settings" (Children's Commissioner. n.d., p.3). 3. Legislation Regarding Mental Health There are several enactments governing the mental health in the country. The most prominent amongst these instruments is The Mental Health act, 1983. Other enactments are Mental Incapacity act, 2005, Court protection rules 1994. For the convenience and proper understanding over the topic, it is required to have a careful and through analysis over those relevant legislations. 3.1. The Mental Health Act 1983 The Mental Health Act 1983 sets out the law on assessing and/or treating a mentally disordered patient under compulsion. The legislative provisions concerning the mental incapacities and their treatment as inserted in The Mental Health
Friday, January 24, 2020
Vegetarianism: Is It the Best Choice? Essay -- Healthy Lifestyle Essay
The National Institutes of Health have proven that over five hundred thousand Americans die each year from coronary heart disease. They also have found that over seven million Americans are suffering from this disease at this present time (ââ¬Å"Facts about Coronary Diseaseâ⬠). This same article explains that coronary disease is the most prominent form of heart disease. There are many risk factors that have been linked to coronary heart disease, such as high blood pressure, high blood cholesterol, diabetes and obesity just to name a few. These are all risk factors that can be controlled by people on their own, without the use of drugs or any medical help. There are a few exceptions, however, gender, heredity and age can also lead to this disease and these are factors that cannot be controlled by a person. The diet one chooses can serve as a preventative measure. Coronary disease is caused by thickening in the heartââ¬â¢s coronary arteries, which prevents nutrients and oxygen from flowing to the heart. The thickening of the arteries comes from the excessive amounts of saturated fat consumed by a person from years of careless dieting (Internet). A vegetarian diet eliminates one of the major elements in a personââ¬â¢s diet that contains fat. Meat is high in saturated fat. Whether it is, pork, beef, chicken, or turkey, meat contains fat from the animal that does not need to be consumed. When people cook these meats, they add different types of oils and seasonings that increase the fat intake and abuse of these foods could lead to obesity. This is another major cause of coronary heart disease. If oneââ¬â¢s diet is based on vegetables and other non-animal foods, the chance of acquiring heart disease dramatically drops because they can eliminate two of the major causes, high cholesterol and obesity. The reason for this is obvious, non-anim al based foods do not contain high amounts of saturated fat that clog the arteries, therefore, helping one maintain a very healthy and strong heart. So far, how oneââ¬â¢s diet affects their health by increasing the chances of heart disease has been explained. Robert Schneider, a practicing medical doctor, revealed in his book, Cancer Prevention Made Easy, that oneââ¬â¢s diet also increases the chance of cancer. Because diet is the focus, colon, stomach and breast cancer are the most common forms that are influenced by diet. Schneider in his research has ... ...s, grains, and nuts, generally for ethical, ascetic, or nutritional reasonsâ⬠(ââ¬Å"Vegetarianismâ⬠). This definition explains why people choose to be vegetarians. Whether ethical or ascetic, the main reason for this choice is nutritional benefit. Vegetarianism improves a personââ¬â¢s health and gives their body a better chance of resisting diseases. These benefits together help a person live a healthier and more productive lifestyle which is what the majority of the world wants today. Adopting this diet could be one of the best choices one can make especially if they want to be successful and make a better contribution to society. For others who believe in God, making a choice to be vegetarian will help protect His temple which is the body. With all the disease in the animal kingdom today, vegetarianism will soon be the only choice for a healthy diet. All the information stated above proves that vegetarianism is worth adopting and it puts to rest any negative myth s people may have heard about it. Many say people were put here for some other purpose than to take up space and then die. If this is to be true, they must not treat their bodies like dirt so they can be the best that they can be.
Thursday, January 16, 2020
Siren Song
In ââ¬Å"Homerââ¬â¢s Odysseyâ⬠and ââ¬Å"Siren Songâ⬠both show the weaknesses of human beings. Also it reveals humans find something so enticing that they are incapable of withstanding it. In ââ¬Å"Homerââ¬â¢s Odysseyâ⬠Homer creates an illusion that the sirens are dangerous creatures, unlike Atwoodââ¬â¢s poem, ââ¬Å"Siren Song. â⬠Atwoodââ¬â¢s poem however shows a desperation coming from the sirens. In ââ¬Å"Homerââ¬â¢s Odysseyâ⬠the poem is told from Odysseus point of view. He portrays the Sirens as mysterious and luring.Circes advises Odysseus that the Sirens ââ¬Å"spellbind any man alive, whoever comes their way. â⬠Gaining this knowledge, Odysseus made his sailors plug their ears with beeswax so they would avoid hearing the thrilling songs of the Sirens. Odysseus was determined to hear the beautiful songs of the Sirens, even though he was aware of the consequences. This reveals mans selfishness by having Odysseus do whatever it takes to hear the song. Odysseus orders his men to tie him down on the mast to ensure his survival.Odysseus hears the Siren's song and starts to react to it, his men ââ¬Å"flung themselves to the oarsâ⬠and ââ¬Å"sprung up at once to bind him faster with ropes. â⬠This shows how inciting the sirens were to men. In ââ¬Å"Homerââ¬â¢s Odysseyâ⬠a manââ¬â¢s perceptive is shown, and describes how temptation will always be a part of life. Unlike ââ¬Å"Homerââ¬â¢s Odysseyâ⬠, Atwoodââ¬â¢s poem ââ¬Å"Siren Songâ⬠is told from the Sirens point of view. The sirens are portrayed as irresistible creatures that cause men to completely lose all self control.One of the Sirens states ââ¬Å"I donââ¬â¢t enjoy it here,â⬠in ââ¬Å"Homerââ¬â¢s Odysseyâ⬠all the sirens seem to be fond of singing their admirable songs. In Atwoodââ¬â¢s poem a Siren is begging for help; ââ¬Å"Help me, only you can. â⬠Unfortunately no one can help because once the music of the Sirens touches the ear; they succumb to the power of the Sirens. The Sirens have a certain desperation to be set free from their unpleasant life on the island. ââ¬Å"Will you get me out of this bird suit? â⬠shows that the Sirens in Atwoodââ¬â¢s poem have identities, opposite of ââ¬Å"Homerââ¬â¢s Odysseyâ⬠.There is no information in The Odyssey that infers that the sirens have an identity. In both poems the Sirens voices show an irresistible lure to men. The reasons that the Sirens sings differ from each poem. Inâ⬠Homerââ¬â¢s Odyssey,â⬠Odysseus feels like they are targeting him, however in Atwoodââ¬â¢s poem the Sirens are simply singing for themselves. The Sirens seem sympatric to the men who jump overboard, yet unable to stop themselves from calling the men to their island.The poems ââ¬Å"Homerââ¬â¢s Odysseyâ⬠and ââ¬Å"Siren Songâ⬠have many similarities in how the Sirens are portrayed but at the same time th ey differ in many different aspects of the poems. The ââ¬Å"Sirens Songâ⬠Sirens use the menââ¬â¢s own natural curiosity to bring the men to them. The ââ¬Å"Odysseyâ⬠Sirens use enchantment and the promise of passion to get the men to come. Either way, the Sirens reveal how tricky and clever they are with their magical songs. Nevertheless, the Sirens could just be trying to torment men for their own entertainment or they could be trying to reach out for help.
Tuesday, January 7, 2020
Frida Karlo Essay - 757 Words
Frida Kahlo Frida Karlos life began and ended in Mexico City, in her home known as the Blue House. She claimed that her birthdate was July 7,1910, but her birth certificate shows that it was July 6,1907. This is just one of the many lies Frida told about her life. At age 6, Frida was stricken with polio, which caused her right leg to appear much thinner than the other. It was to remain that way permanently. When Frida entered high school she was a tomboy full of mischief who became the ringleader of a rebellious group of mainly boys that continually caused trouble in the National Preparatory School. This group pulled many pranks, mainly on professors. On September 17, 1925, at about ageâ⬠¦show more contentâ⬠¦Once she was out and about after her accident, a close friend introduced Frida to the artistic crowd of Mexico, which included Tina Modotti (well known photographer,actress, and communist) and Diego Rivera (her future husband). Diego and Frida were married on August 21,1929. Their marriage consisted of love, affairs with other people, creative bonding, hate, and a divorce in 1940 that lasted only for one year. Their marriage has been called the union between an elephant and a dove, because Diego Rivera was huge and very fat, and Frida was small (a little over 5 feet) and slender. Despite Diegos affairs with other women (one was with Fridas sister), he helped in many ways. He suggested to Frida that she should begin wearing the traditional Mexican clothing, which consisted of long, colourful dresses and exotic jewellery. This, along with Fridas thick, connecting eyebrows, became her trademark. He also loved her work and was her greatest admirer. Frida, in turn, was Diegos most trusted critic, and the love of his life. Frida let out all of her emotions on a canvas. She painted her anger and hurt over her stormy marriage, the painful miscarriages, and the physical suffering she underwent because of the accident. Frida, despite all of the hurt in her life, was an outgoing person whose vocabulary was filledShow MoreRelatedEssay on Diego Rivera461 Words à |à 2 Pagesand in the National Agricultural School in Chapingo. Rivera was an active member of the Mexican Communist party , and he painted murals in the National Palace , Mexico City 1929, and the Palace Cortes , Cuernavaca1930 .In 1929 Riviera married Frida Karlo who is now considered to have been a leading 20th century Mexican painter. I think what I like the most the murals that he painted I liked how he drew the Indian people their faces the scenery , the palace and his style. Rivieras murals are
Monday, December 30, 2019
The Theory Of Social Contract Theory - 2326 Words
Social Contract Brian Horvath Cleveland State University Business Society Government The concept of social contract theory is that in the beginning man lived in the state of nature. They had no government and there was now law to regulate them. There are three main philosophers Thomas Hobbes, John Locke, and Jean-Jacques Rousseau that are best known for the social contract theory. In the twentieth century moral and political theory with John Rawlsââ¬â¢ Kantian version of social contract theory and was then followed by David Gaunthier. Feminists and race conscious philosophers have argued that social contract theory is an incomplete picture of our moral and political lives. Thomas Hobbes political theory is best understoodâ⬠¦show more contentâ⬠¦Another is Hobbes argues is that humans are not only self-interested but they are reasonable; he believes people have it in them to be rational when they pursue their desires. Rationality is an instrument that sums up the best means to whatever ends we might happen to have. As we learned Hobbes believes men are natur ally self-interested and also rational so then this means they will listen to the authority of a Sovereign this way they can live in a civil society that shares a common interests with them. An argument he uses for this is the State of Nature of men. State of nature is when men are only self-interested so they are more or less equal to one another. Hobbes believes that in a society that runs off a State of Nature would be brutal to live in, because everyone is always in fear of losing their life to another person in this state. Since men are reasonable they can find their way out of this society by recognizing the laws of nature. The laws of nature can show people in a harsh society the means it takes to escape a State of Nature society and create a civil society. The most important thing to understand when talking about the laws of nature is that everyone must be willing to pursue peace while also continuing the right to pursue war only when others do not pursue peace. Being
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