Achievements of India in Space Research Essay Example

Achievements of India in Space Research Essay Example Achievements of India in Space Research Essay Achievements of India in Space Research Essay The Indian space program began establishing itself with the launch of sounding rockets, which was complimented by Indias geographical proximity to the equator. These were launched from the newly-established ThumbaEquatorial Rocket Launching Station (TERLS) , built near Thiruvananthapuram in southern Kerala. Initially, American sounding rockets like the Nike-Apache, and French sounding rockets like the Centaure, were fired and used for studying the upper atmospheric electrojet, which until then had only been studied from ship-based sounding rocket launches in the Pacific Ocean. These were soon followed by British and Russian rockets. However, since day one, the space program had grand ambitions of developing indigenous technology and India soon began developing its own sounding rockets, using solid propellants -these were called the Rohini family of sounding rockets. As the Indian Rohini program continued to launch sounding rockets of greater size and complexity, the space program was expanded and eventuallygiven its own government department, separate from the Department of Atomic Energy. In 1969 the Indian Space Research Organization(ISRO) was created from the Indian National Committee for Space Research (INCOSPAR) program under the DAE, continued under the Space Commission and finally the Department of Space, created in June of 1972. (1970-1980) In the 1960s, Sarabhai had taken part in an early study with NASA regarding the feasibility of using satellites for applications as wide as direct television broadcasting, and this study had found that it was the most economical way of transmitting such broadcasts. Having recognized the benefits that satellites could bring to India from the very start, Sarabhai and the ISRO set about designing and creating an independent launch vehicle, capable of launching into orbit, and providing the valuable experience needed for the construction of larger launch vehicles in future. Recognizing the advanced capability India had in building solid motors with the Rohini series, and that other nations had favoredsolid rockets for similar projects, the ISRO set about building the technology and infrastructure for the Satellite Launch Vehicle (SLV) . Inspired by the American Scout rocket, the vehicle would be a four-stage all-solid vehicle. Meanwhile, India also began developing satellite technology, anticipating the remote sensing and communication needs of the future. Indias first foray into space began with the launch of its satellite Aryabhata in 1975 by a Soviet booster. By 1979, the SLV was ready to be launched from a newly-established second launch site, the Shriharikota Rocket Launching Station (SRLS) . The first launch in 1979 was a failure, attributed to a control failure in the second stage. By 1980 this problem had been worked out. The first indigenous satellite launched by India was called Rohini-1 . (1980-1990)Following the success of the SLV, ISRO was keen to begin construction of a satellite launch vehicle that would be able to put truly useful satellites into polar orbits. Design of the Polar Satellite Launch Vehicle (PSLV) was soon underway. This vehicle would be designed as Indias workhorse launch system, taking advantage of both old technology with large reliable solid-stages, and new liquid engines. At the same time, it was decided by the ISRO management that it would be prudent to develop a smaller rocket, based on the SLV thatwould serve as a testbed for many of the new technologies that would be used on the PSLV. The Augmented Satellite Launch Vehicle (ASLV) would test technologies like strap-on boosters and new guidance systems, so that experience could be gained before the PSLV went into full production. Eventually, the ASLV was flight tested in 1987, but this launch was a failure. After minor corrections, another launch was attempted in 1988, this launch again failed. 1990-2000)It was not until 1992 that the first successful launch of the ASLV took place. At this point the launch vehicle, which could only put very small payloads into orbit, had achieved its objective. In 1993, the time had come for the maiden flight of the PSLV. The first launch was a failure. The first successful launch took place in 1994, and since then, the PSLV has become the workhorse launch vehicle - placing both remote sensing and communications satellites into orbit, creating the largest cluster in the world, and providing unique data to Indian industry and agriculture. Continual performance upgrades have increased the payload capacity of the rocket significantly since then. By this time,with the launch of the PSLV not far away, it had been decided that work should begin on the next class of launch vehicles, intended to place larger satellites into geostationary transfer orbit (GTO), and thus a launcher partly derived from the PSLV design, but featuring large liquid strap-on motors and a cryogenic upper-stage motor, was devised -the Geostationary Satellite Launch Vehicle. 2000)Major achievement which seems to have gone largely unnoticed is ISRO’s successful ground testing of the cryogenic engine on November 15, 2007. This test - conducted for its full flight duration of 720 seconds at the Liquid Propulsion test facility at Mahendragiri, Tamil Nadu, puts India on the world map of cutting edge rocket propulsion technology. Only five other nations - The US, Russia, Japan, China and France - currently have this capability. Cryogenicengines are im portant for launch of satellites, particularly of the INSAT variety which operate from a geostationary orbit, some 36,000 km above earth’s surface. To launch these, ISRO uses a vehicle called GSLV (Geosynchronous Satellite Launch Vehicle). This vehicle has three stages of which the third - and the most critical - stage is a cryogenic stage Sofar, India uses a Russian-made cryogenic engine. But with this recent test, the decks are cleared for using an indigenous engine for the next GSLV (GSLV-D3) launch, expected in 2008. Cryogenics studies behavior of materials at very low temperatures - below minus 150 ° Celsius (minus 238 ° Fahrenheit or 123 ° Kelvin) - as found in the upper atmosphere. The cryogenic engine, which uses a combination of liquid hydrogen and liquid oxygen as fuel, needs to run forover 700 seconds for GSLV launches. Space Capsule Recovery Experiment The Space Capsule Recovery Experiment (SRE-1) is an Indian experimental spacecraft which was launched at 03:53 GMT on January 10, 2007 from Shriharikota by the Indian Space Research Organization (ISRO). The launch was conducted using the PSLV C7 rocket, along with three other satellites. It remained in orbit for 12 days before re-entering the Earths atmosphere and splashing down into the Bay of Bengal at 04:16 GMT on January 22. The SRE 1 was designed to demonstrate the capability to recover an orbiting space capsule, and the technology of an orbiting platform for performing experiments in microgravity conditions. It was also intended to test reusable Thermal Protection System, navigation, guidance and control, hypersonic aero-thermodynamics, management of communication blackout, deceleration and flotation system and recovery operations. Chandrayaan-1 First mission to the Moon launched by Indias national space agency the Indian Space Research Organization (ISRO). The unmanned lunar exploration mission includes a lunar orbiter and an impactor. India launched the spacecraft by a modified version of the PSLV C11 on 22 October 2008 from Satish Dhawan Space Centre, Shriharikota, Nellore District, Andhra Pradesh about 80 km north of Chennai at 06:22 IST (00:52 UTC). The mission is a major boost to Indias space program, as India joins Asian nations China and Japan in exploring the Moon. The vehicle was successfully inserted into lunar orbit on8 November 2008. On November 14, 2008, the Moon Impact Probe separated from the Moon-orbiting Chandrayaan at 20:06 and impacted the lunar South Pole in a controlled manner, making India the fourth country to place its flag on the Moon. The MIP impacted near the crater Shackleton, at the lunar south pole, at 20:31 on 14 November 2008 releasing subsurface debris that could be analyzed for presence of water ice. The estimated cost for the project is Rs. 386 crore (US$ 80 million). The remote sensing lunar satellite had a weight of 1,380 kilograms (3,042 lb) at launch and 675 kilograms (1,488 lb) in lunar orbit and carries high resolution remote sensing equipment for visible, near infrared, and soft and hard X-ray frequencies. Over a two-year period, it is intended to survey the lunar surface to produce a complete map of its chemical characteristics and 3-dimensional topography. The Polar Regions are of special interest, as they might contain ice. The lunar mission carries five ISRO payloads and six payloads from other international space agencies including NASA, ESA, and the Bulgarian Aerospace Agency, which were carried free of cost. Objectives The stated scientific objectives of the mission are: To design, develop, launch and orbit a spacecraft around the Moonusing an Indian-made launch vehicle. Conduct scientific experiments using instruments on-board the spacecraft which will yield the following results: Preparation of a three-dimensional atlas (with high spatial and altitude resolution of 5-10 m) of both the near and far side of the Moon. Chemical and mineralogical mapping of the entire lunar surface at high spatial resolution, mapping particularly the chemical elements Magnesium, Aluminium, Silic on, Calcium, Iron, Titanium, Radon, Uranium, Thorium. The impact of a sub-satellite (Moon Impact Probe - MIP) on the surface on the Moon as a fore-runner to future soft-landing missions. Specifications Mass:1380 kg at launch, 675 kg at lunar orbit, and 523 kg after releasing the impactor. Dimensions: Cuboid in shape of approximately 1. 5 m Communications: X band, 0. 7 m diameter parabolic antenna for payload data transmission. The Telemetry, Tracking Command (TTC) communication operates in S band frequency. Power: The spacecraft is mainly powered by its solar array, which includes one solar panel covering a total area of 2. 15 x 1. 8 m generating 700 W of power, which is stored in a 36 A ·h lithium-ion battery. The spacecraft uses a bipropellant integrated propulsion system to reach lunar orbit as well as orbit and altitude maintenance while orbiting the Moon. Specific areas of study High-resolution mineralogical and chemical imaging of the permanently shadowed north and south polar regions. Search for surface or sub-surface water-ice on the Moon, especially at thelunar poles. Identification of chemicals in lunar highland rocks. Chemical stratigraphy of lunar crust by remote sensing of the central uplands of large lunar craters, and of the South Pole Aitkin Region (SPAR), where interior material may be expected. Tomap the height variation of the lunar surface features. Observation of X-ray spectrum greater than 10 keV and stereographic coverage of most of the Moons surface with 5 m resolution To provide new insights in understanding the Moons origin and evolution. Payloads:  ®TMC or the Terrain Mapping Camera,  ®HySI or Hyper Spectral Imager,  ®LLRI or Lunar Laser Ranging Instr ument,  ®C1XS or X-ray fluorescence spectrometer,  ®HEX is a High Energy X-ray/gamma ray spectrometer, ®MIP or the Moon Impact Probe Major achievements 1962:Indian National Committee for Space Research (INCOSPAR); formed by the Department of Atomic Energy, and work on establishing Thumba Equatorial Rocket Launching Station (TERLS) near Trivandrum began. 1963: First sounding rocket launched from TERLS on November 21, 1963. 1965: Space Science Technology Centre (SSTC) established in Thumba. 1967: Satellite Telecommunication Earth Station set up at Ahmadabad. 1972: Space Commission and Department of Space set up. 1975: First Indian Satellite, Aryabhata, launched (April 19, 1975). 1976: Satellite Instructional Television Experiment (SITE) conducted. 1979: Bhaskara-1, an experimental satellite launched. First experimental launch of SLV-3 with Rohini satellite on board failed. 1980: Second experimental launch of SLV-3 Rohini satellite successfully placed in orbit. 1981: APPLE, an experimental geostationary communication satellite successfully launched on June 19. 1981: Bhaskara-II launched on November 20. 1982: INSAT-1A launched (April); deactivated in September. 1983: Second launch of SLV-3. RS-D2 placed in orbit. INSAT-1B launched. 1984: Indo-Soviet manned space mission (April). Rakesh Sharma became the first Indian to reach space. 1987: ASLV with SROSS-1 satellite on board launched. 1988: First Indian remote sensing satellite, IRS-1A launched. INSAT-1C launched (July). Abandoned in November. 1990: INSAT-1D launched successfully. 1991: Launch of second operational Remote Sensing satellite, IRS-1B (August). 1992: Third developmental launch ofASLV with SROCC-C on board (May). Satellite placed in orbit. First indigenously built satellite INSAT-2A launched successfully. 1993: INSAT-2B launched in July successfully. First developmental launch of PSLV with IRS-1E on board fails. 1994: Fourth developmental launch of ASLV successful (May). Second developmental launch of Polar Satellite Launch Vehicle (PSLV) with IRS-P2 successfully (October). 1995: INSAT-2C launched in December. Third operational IRS (IRS) launched. 1996: Third developmental launch of PSLV with IRS-P3 successful (March). 1997: INSAT-2D launched in June became inoperational in October. Arabsat1C, since renamed INSAT-2DT, acquired in November. First operational launch of PSLV with IRS-1D successful (September). 1998: INSAT system capacity augmented with the readiness of INSAT-2DT acquired from Arabsat (January). 1999: INSAT-2E the last satellite in the multi-purpose INSAT-2 series, launched by Ariane from Kourou French Guyana (April 3, 1999). IRS-P4 (OCEANSAT), launched by Polar Satellite launch vehicle (PSLV-C2) along with Korean KITSAT-3 and German DLR-TUBSAT from Shriharikota(26 May 1999). 2000: INSAT-3B was launched on 22 M arch 2000. 2001: Geosynchronous Satellite Launch Vehicle-D1 (GSLV-D1), the first developmental launch of GSLV with GSAT-1 onboard partially successful. 2002: INSAT-3C launched successfully by Arianespace (January), PSLV-C4 launches KALPANA-1 (September). 2003: GSLV-D2, the second developmental launch of GSLV with GSAT-2 successful (May). 2004: First operational flight of GSLV (F01) successfully launches EDUSAT (September). 2005: Launch of CARTOSAT and HAMSAT by PSLV-C6 from the second launch pad (Universal Launch Pad) (May). INSAT 4A Launched successfully by the European Ariane-5G. 2006: Second operational flight of GSLV (F02) unsuccessful July 10, 2006. GSLV-F02 was carrying INSAT-4C. 2007: Successful launch of CARTOSAT-2, SRE-1, LAPAN-TUBSAT and PEHUENSAT-1 on PSLV C7 on January 10, 2007. 2007: SRE-1 splashed down in the Bay of Bengal on January 22, 2007 and was successfully recovered by the Indian Coast Guard and Indian Navy, making India one of the few countries to have re-entry technology. 2007: INSAT-4B successfully launched by Arianespace on March 12. 2007: PSLV-C8 successfully places an Italian satellite, AGILE into its orbit on April 23. 2007:Successful launch of GSLV (GSLV-F04) with INSAT-4CR on board from SDSC SHAR on September 2. 2008: PSLV-C10 successfully launches TECSAR satellite under a commercial contract with AntrixCorporation on January 21. 2008:PSLV-C9 successfully launches CARTOSAT-2A, IMS-1 and 8 foreign nanosatellites from Shriharikota on April 28 2008:PSLV-C11 successfully launches CHANDRAYAAN-1 fromSriharikota on October 22. Satellite Launch Vehicles Satellite Launch Vehicle (SLV) -an all-solid four-stage satellite launch vehicle. The SLV can place 40 kg into low earth orbit. Augmented Satellite Launch Vehicle (ASLV) -an all-solid five-stage satellite launch vehicle. The ASLV can place 150 kg into low earth orbit. Present Polar Satellite Launch Vehicle (PSLV) -a four-stage rocket with liquid and solid stages. The PSLV can place 1600 kg into polar sun synchronous orbit. Geosynchronous Satellite Launch Vehicle Mark I/II (GSLV-I/II) -a three-stage rocket with solid, liquid and cryostages. The GSLV can place 2200 kg into geostationary transfer orbit. Future Geosynchronous Satellite Launch Vehicle Mark III (GSLV-III) -a three-stage rocket with solid, liquid and cryostages. The GSLV can place 4000-6000 kg into geostationary transfer orbit. Reusable Launch Vehicle (RLV) -a small remote-piloted scramjet vehicle called AVATAR. The RLV will place small satellites into LEO and can be reused for at least 100 launches reducing the cost of launching satellites Launch facilities ISRO operates 3 launch stations: Thumba (TERLS -Thumba Equatorial Rocket Launching Station/Vikram Sarabhai Space Center, Kerala) Shriharikota (SRLS -Shriharikota Rocket Launching Station/Satish Dhawan Space Center, Andhra Pradesh). Balasore (BRLS -Balasore RocketLaunching Station, Orissa). The Shriharikota range is used for launch of satellites and multi-stage rockets. The launch station has two launch pads including the newest Universal Launch Pad. The two launch pads allow the station to hold up to 6 launches per year. The other two launch facilities are capable of launching sounding rockets, and other small rockets that dont produce spent stages. Comparison with other space agencies It is suggested that in terms of technical expertise and experience, ISRO is close to other major Asian space programs, especially China, and in some respects to Japan. Continued development of reliable and cost-effective launch platforms are expected to see commercial costs of launching payloads on Indian rockets fall, perhaps by as much as fifty percent. Once established, the Indian GSLV-III should be able to place 4000 to 6000 kg payloads into GTO Despite ISROs modest funding, it appears to have achieved reasonable successes . India is counted amongst the six major space powersof the world, and is among the top nations in Asia in terms of success and future potential in space. Indian launch vehicles have the capacity for human spaceflight, however, ISRO has stated that it can achieve all Indias commercial and scientific needs through unmanned spaceflight alone, raising the question of whether a crewed spaceflight will occur.

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 foetus’ 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; â€Å"women’s access to abortion can be and is still threatened.†[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; â€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 woman’s right to control her own body.†[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 Foetus’ 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 child’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; â€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.† 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; â€Å"for an abortion to be lawful, the abortion must comply with the requirements of the 1967 Abortion Act.†[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 woman’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 mother’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 â€Å"inviolable and must be protected at all costs.†[11] If this statement was to be taken strictly, every abortion would be considered a violation of one’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 mother’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.†[12] The Society for the Protection of Unborn Children strongly disagrees with this approach and believes that; â€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.†[13] It cannot be said that the foetus’ 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 â€Å"silent as to the temporal limitations of the right to life, and in particular does not define ‘everyone’ whose life is protected by the Convention.† 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 mother’s life even if this was at the expense of the foetus’ right to life under Article 2. Furthermore, it was also expressed in Paton v United Kingdom[18] that; â€Å"the life of the foetus is intimately connected with, and cannot be regarded in isolation from, the life of the pregnant woman.† 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 mother’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 mother’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; â€Å"the judgment neither produced abortion on demand nor allowed states to prevent late-stage terminations.†[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 mother’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 mother’s interests as she is already considered a viable person. It has been contended by Herring that; â€Å"women who want an abortion should not be required to continue with the pregnancy.†[29] Therefore, although Article 2 expressly states that the right to life is to apply to â€Å"everyone†, 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-G’s Reference (No 3 of 119)[30] it was noted that a foetus is not regarded as a â€Å"person† 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 mother’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 foetus’ 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 â€Å"wary of making a general rule concerning the legal status of the foetus, preferring to leave this question to the margin of appreciation.†[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 mother’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 mother’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 foetus’. 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 mother’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 â€Å"anyone† 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 â€Å"an incredible reach of judicial activism.†[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; â€Å"English judges have shown a powerful engagement with the rights of the unborn in the past,†[37] yet whether violations of one’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-G’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: Women’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 Smith’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, Women’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., ‘Human Rights and the Belief in a Just World’ 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). O’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 foetus’ 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; â€Å"women’s access to abortion can be and is still threatened.†[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; â€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 woman’s right to control her own body.†[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 Foetus’ 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 child’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; â€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.† 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; â€Å"for an abortion to be lawful, the abortion must comply with the requirements of the 1967 Abortion Act.†[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 woman’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 mother’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 â€Å"inviolable and must be protected at all costs.†[11] If this statement was to be taken strictly, every abortion would be considered a violation of one’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 mother’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.†[12] The Society for the Protection of Unborn Children strongly disagrees with this approach and believes that; â€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.†[13] It cannot be said that the foetus’ 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 â€Å"silent as to the temporal limitations of the right to life, and in particular does not define ‘everyone’ whose life is protected by the Convention.† 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 mother’s life even if this was at the expense of the foetus’ right to life under Article 2. Furthermore, it was also expressed in Paton v United Kingdom[18] that; â€Å"the life of the foetus is intimately connected with, and cannot be regarded in isolation from, the life of the pregnant woman.† 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 mother’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 mother’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; â€Å"the judgment neither produced abortion on demand nor allowed states to prevent late-stage terminations.†[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 mother’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 mother’s interests as she is already considered a viable person. It has been contended by Herring that; â€Å"women who want an abortion should not be required to continue with the pregnancy.†[29] Therefore, although Article 2 expressly states that the right to life is to apply to â€Å"everyone†, 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-G’s Reference (No 3 of 119)[30] it was noted that a foetus is not regarded as a â€Å"person† 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 mother’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 foetus’ 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 â€Å"wary of making a general rule concerning the legal status of the foetus, preferring to leave this question to the margin of appreciation.†[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 mother’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 mother’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 foetus’. 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 mother’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 â€Å"anyone† 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 â€Å"an incredible reach of judicial activism.†[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; â€Å"English judges have shown a powerful engagement with the rights of the unborn in the past,†[37] yet whether violations of one’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-G’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: Women’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 Smith’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, Women’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., ‘Human Rights and the Belief in a Just World’ 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). O’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).

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 ECB’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. France’s CAC 40 went up by 2.3 percent and Germany’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 ECB’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. â€Å"European Stocks Jump as ECB Mulls Buying Corporate Bonds† http://online.wsj.com/articles/european-stock-markets-edge-higher 1413878920?mod=WSJ_hp_LEFTWhatsNewsCollection (accessed October 21,

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

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 (â€Å"Facts about Coronary Disease†). 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 heart’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 person’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 one’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 one’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 one’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 reasons† (â€Å"Vegetarianism†). 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 person’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.

Siren Song

In â€Å"Homer’s Odyssey† and â€Å"Siren Song† both show the weaknesses of human beings. Also it reveals humans find something so enticing that they are incapable of withstanding it. In â€Å"Homer’s Odyssey† Homer creates an illusion that the sirens are dangerous creatures, unlike Atwood’s poem, â€Å"Siren Song. † Atwood’s poem however shows a desperation coming from the sirens. In â€Å"Homer’s Odyssey† the poem is told from Odysseus point of view. He portrays the Sirens as mysterious and luring.Circes advises Odysseus that the Sirens â€Å"spellbind any man alive, whoever comes their way. † 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 â€Å"flung themselves to the oars† and â€Å"sprung up at once to bind him faster with ropes. † This shows how inciting the sirens were to men. In â€Å"Homer’s Odyssey† a man’s perceptive is shown, and describes how temptation will always be a part of life. Unlike â€Å"Homer’s Odyssey†, Atwood’s poem â€Å"Siren Song† 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 â€Å"I don’t enjoy it here,† in â€Å"Homer’s Odyssey† all the sirens seem to be fond of singing their admirable songs. In Atwood’s poem a Siren is begging for help; â€Å"Help me, only you can. † 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. â€Å"Will you get me out of this bird suit? † shows that the Sirens in Atwood’s poem have identities, opposite of â€Å"Homer’s Odyssey†.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. In† Homer’s Odyssey,† Odysseus feels like they are targeting him, however in Atwood’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 â€Å"Homer’s Odyssey† and â€Å"Siren Song† 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 â€Å"Sirens Song† Sirens use the men’s own natural curiosity to bring the men to them. The â€Å"Odyssey† 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.

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 age†¦show more content†¦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   |  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