ABORTION – solution or murder?


Introduction

In these times, the topic of legally abortion has been widely discussed in EU countries, especially
in the connection to legal force of new law in Poland. The reason for this controverse debate is
the final ruling of Constitutional Tribunal from 27^th January 2021. The exception for legally
provided abortion from 1993 stated in Law of protection for unborn fetus has been found, according
to this ruling, to be anti-constitutional. From this date, in Poland are only two legal reasons for
legal interruption – if the life of mother is in direct danger and woman is supposed to die if the
abortion is not provided, and the second – if the pregnancy is the result of criminal act (rape).
This woman has to make a decision before the end of 12. Week of pregnancy. (1) The decision of
Constitutional Tribunal aroused in wave of indignation by polish citizens also by representatives
of EU countries. (2)

May this polish law take a place in democracy? Where are the ethic borders? Can this kind of
restriction have a harmful impact on health of expectant mother?   The aim of this essay is to
provide the overview of facts which support the more democratic attitude to this topic, as the
restrictive actions may lead to destructive results, and clarify why the possibility of choice
should have been accepted as on of the mainstay of democratically developed countries.


1.      Definition of Abortion, historical context

The expression “Abortion” originally comes from Latin word “abortio” which had been in 1540s
defined as “expulsion of the fetus before it is viable”. Originally the deliberate as well as
unintended miscarriages had been called as an Abortion.
The term “Abortion” had been changing in 19^th Century. Miscarriage had been used for the period of
interruption within first 6 week of conception, for the period of 6 weeks and 6 months of pregnancy
the term “abortion” took place. If the untimely parturition took place after 6^th month of
pregnancy this king of birthchild had been labelled as “premature labor”. (3)
In these days miscarriage and abortions are used as synonyms. The meaning of abortion seems to be
clear, respectively the exact definition. But the differences in perception of human being and the
objectives related to conception of human life are the origin of pro and contra deliberate abortion
attitude.



2.      Embryo or living baby?

One of the most discussed topic connected to miscarriages is when exactly the human life begins.
This question can be considered as the conflict of ethic and political point of view. Although some
of the pro-abortion arguments are based on medical and science definitions, Condic Maureen L. in
article “When does human life begin: The Scientific Evidence and Terminology Revisited” ˝shows
example of ambiguity also in scientific approach of human life beginning. Simply conflict between
understanding when exactly the human embryo starts its existence show us the diversity of human´s
understanding at all. Specialized medical literary describes the process of formatting zygote as a
fusion of sperm and oocyte before the process called syngamy (24 h after fusion). But this statemen
is often misleading. The scientific conclusion is, as Maureen L. mentioned, that an objective view
of modern science and correct scientific definition of the term “zygote” is: “One-cell human
organism (i.e. a human being) that forms immediately upon sperm-egg fusion.” (4)
Contra-abortion people emphasize this point of view without any connection to other objectives. The
beginning of life is zygote. But the problematic is much deeper – is the form of cells real human?
What does make from this cell-formation living human? Beating heart, consciousness, human
appearance?


            2.1 Abortion – view of society

As Condic Maureen mentions: “There is no consensus on when a human embryo or fetus is a human
person with basic human rights.” (4)

The diversity between subjective conception of human life and inhomogeneous interpretation of human
rights may lead to violence in society. One of good examples how harmful could the lack of
consensus between people be is the murder of doctor Tiller in 1993 in US. Mr. Tiller had been shot
and killed by anti-abortion activist Scott Roeder. Tiller provided late-term abortion.  The
mentioned reason for his death was the essential need to help stopping of murdering more babies.
(5) Another shocking case also comes from the USA territory. Dr. Kermit Gosnell was convinced for
murder of 3 infants who were killed after their delivery in late-time abortion. (4)
The absence of any conclusion how the society should consider miscarriages and mix of factors of
morality, ethics and objectives by each case causing the lack of understanding for other-side
opinion.

The article in Health and Human Rights Journal authors P. Lowe and S. Page describes the situation
in UK. According to this, UK is one of the countries with strong supporters of abortions. 90 % of
people here are convinced the abortion should be supported in some circumstances and 70% of them
belief that abortion should be considered by pregnant woman on her own in any reason. Although the
huge number of the people in UK agree or partially agree with supportive actions to women who has
made a decision for abortion, the pressure of anti-abortion activists has increased. (6)
On one hand, anti-abortion activists advocate the rights of unborn child. But they are forgetting
about the right of future mother on the other hand. Pro-abortion society claims about
non-discrimination, autonomy and liberty of mother, on the other hand – are they considering all
factors which have a direct impact on the decision for abortion or are they just calling for
democracy?


            2.2 Arguments of anti-abortion activists

The main argument of anti-abortion groups is based on the frame of historical claims about fetal
right to life. Most of these claims and laws in historical context are connected to religion.
Mostly Religion-based societies, like Christians, are in the centre of anti-abortion groups as they
focus on the belief the fetus has a soul. Other frequently mentioned reason is just the fact that
the act of abortion is in the fight with nature and against the science of conception. According to
the objective fact, the zygote forms immediately after conception, some activists claim the DNA,
unique DNA, is that issue which making the human from cells.  In extreme cases, individuals compare
the abortion to slaves and claim Holocaust and abortions are on the same level as slavery. (6)
To conclude this, most of the anti-abortion people react on facts, which has been present by the
people who advocate abortion, and try to show them the historical or natural basics why these facts
are misinterpreted.


3.      Abortion as a solution or help

In previous chapter the standard arguments for rejecting legal miscarriages have been presented.
The unborn child is, in a simplified way, discriminated and its right are not respected in the case
of abortion. Mother has the right to be mother and nobody deny her this in fact. But many of
specific situations and factors can be absolutely destructive for her previous life if she yields
to the pressure of family, activists even though medical specialists evaluate the health conditions
of unborn child or fetus as a direct health risk for potential mother.
One of the most religion-based countries in EU is Poland, which has been already mentioned in
introduction part. The real case of mother, who suffered from the restrictions of abortions in
Poland and paid by her life, shook with the polish public. This woman died due to septic shock
which was a consequence of too long waiting for stopping heart beating of unborn child. (1) This
example shows form of “causing death” of unborn child as the protection of mother´s health.

WHO, World Health Organisation, marks abortion as a common health intervention and appeals on
society and political representatives in order to keep women safe and support them with the
providing safety abortion, if needed. (7) The Abortion care is also included in the list of
essential health care created by WHO in the last year.

It does not matter if the reason for abortion is based on health problems of already unborn child,
bad family relationships or internal financial situation of the family. All these reasons could
have an irreversible effect on physical and mental health of mother. If the Comprehensive Abortion
Care is not provided safely and timely, this kind of mother will try to find solution, even though
illegal, in order to save her life.
As the WHO mentions, the lack of access to affordable and respectful care during these hard times
is definitely associated with increasing risk of pushing women into dangerous decisions. (7)
WHO also named the following health risks which are in connection with unsafe abortion:
  * haemorrhage (heavy bleeding);
  * incomplete abortion
  * infection
  * uterine perforation
  * damage to the genital tract and internal organs as a consequence of inserting dangerous objects
into the vagina or anus

Other risks are associated with mental well-being: stress, stigma. (7)

The data shows the restriction of legal abortion do not lead to decrease of number of provided
abortion in total. The other way around – whereas the annual rate of abortion in high-income
countries with legal abortion was 11 abortions per 1000 women, the abortion rate in countries with
strong restrictions was 32-48 abortions per 1000 women. (8)
The argument of willingness to achieve the decreasing value of abortion by implementation of
restriction to providing abortion has been by this research disproved.

The problem of unequal access to complex abortion care is not only about the health problems of
expectant mother after undergoing of unsafely abortion as the effect of restrictive politics. The
democratic state and politic representatives should have taken into account also the financial
impact of restrictive politic in the field of abortion.
It is proved that the implementation of restricted policy negatively influences the economical
situation of expectant mothers and their career. As a good example can be mentioned the lower
number of young women who are not able to continue with secondary or next education from the reason
of maternity in the states where the legal abortion policy takes place. In total, negative result
also show the negative economical impacts on the whole state. (9)
Unsafely provided abortions increase the risk continuous health problems or extremely the risk of
death – mortality. According to data mentioned in analysis focused on Economic Impact of Unsafe
Abortion, almost 20 millions of abortion are provided annually and more than 5 millions of them
result in hospitalization in case of medical complications. It means more than 25 % of unsafe
abortions lead to serious healthy problems after the surgery. (10)



From this point of view is not necessary to mention that the costs for health-complications,
microeconomical loses from reducing the future income of young women (lower education) and
increasing financial load on expectant mother caused by their effort to find any possible access to
miscarriage are incomparably higher than costs for providing them legal comprehensive abortion care
and full support in order to getting access to safe and timely care.

Conclusion

According to the facts mentioned the impacts of illegal abortion are much more serious than it
seems. In democratic highly developed states should not be the space for violence on anybody´s
health and risk anybody´s life if there are implements how to avoid this.
Whereas the scientific point of view is obvious the conflict of ethical aspects and existing
reasons based on individual facts for undergoing abortion is probably impossible to solve
definitely. The one and only consensus is unable to apply across the society, because of individual
needs, different socioeconomical, financial, geographical and political status of any member.
Although the history, religion and moral factors are strong arguments for supportive actions
against abortion provision, we should respect the liberty of each human and human rights which can
be easily put in danger if the restrictive actions and regulations overstep the institutional right
for health protection.

All mentioned above show us the importance of development democratic approach and the advantages of
more liberal attitude instead of implementation of more restrictive rules, but we should remember
that each coin has always two sides. It is not easy to find any compromise to respects both parties
of this controversial topic but if we would like to avoid of harmful negotiation and violence on
others we have to try deeply understand each other.

The measurable variabilities such as the number of abortion in specified country and its
development in time or the economical influence of implementation or refusing of any controverse
regulation emphasize the necessity of education in the public.

WHO provided us proofs based on medical experience, data and biological facts which support the
principles of providing individual healthcare to everybody who needs it, without exceptions for
abortion. It may significantly decrease the amount of serious health complications which occur
after undertaking unprofessional abortion care and especially help patients to find much easier way
to interruption at all and feel safe, respected and calm. This should be the mainstay of democracy
– has the choice and be able to decide if it influences physical health or our well-being.



References

1. Poland abortion law: New restrictions go into effect, resulting in a near-total ban on
terminations - CNN. CNN International - Breaking News, US News, World News and Video [online].
Copyright © [cit. 17.12.2021]. Dostupné z:
https://edition.cnn.com/2021/01/28/europe/poland-abortion-restrictions-law-intl-hnk/index.html.
[Online]

2. Death of pregnant woman ignites debate about abortion ban in Poland - CNN. CNN International -
Breaking News, US News, World News and Video [online]. Copyright © [cit. 17.12.2021]. Dostupné z:
https://edition.cnn.com/2021/11/07/europe/poland-abortion-ban-march-intl/index.html. [Online]

3. abortion | Etymology, origin and meaning of abortion by etymonline. Etymonline - Online
Etymology Dictionary [online]. Copyright © 2001 [cit. 17.12.2021]. Dostupné z:
https://www.etymonline.com/word/abortion. [Online]

4. Condic, M. L. (2013). When Does Human Life Begin: The Scientific Evidence and Terminology
Revisited. University of St. Thomas Journal of Law and Public Policy (Minnesota), 8(1), 44-81.
[Online]

5. Tanne, J. H. (2010). Killer of Kansas abortion doctor is convicted of murder. BMJ: British
Medical Journal, 340(7741), 285–285. Dotupné z: https://www.bmj.com/content/340/bmj.c634.full 930.
[Online]

6. Lowe, P., & Page, S. (2019). Rights-Based Claims Made by UK Anti-Abortion Activists. Health and
Human Rights Journal, 21(2), 133-144. Copyright © [cit. 18.12.2021]. Dostupné z:
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6927388/. [Online]

7. Abortion. WHO | World Health Organization [online]. Copyright © [cit. 18.12.2021]. Dostupné z:
https://www.who.int/news-room/fact-sheets/detail/abortion. [Online]

8. Bearak J, Popinchalk A, Ganatra B, Moller A-B, Tunçalp Ö, Beavin C et al. Unintended pregnancy
and abortion by income, region, and the legal status of abortion: estimates from a comprehensive
model for 1990–2019. Lancet Glob Health. 2020 Sep and 8(9):e1152-e. [Online]

9. The microeconomics of abortion: A scoping review and analysis of the economic consequences for
abortion care-seekers. [online]. Copyright © 2021 Coast et al. [cit. 19.12.2021]. Dostupné z:
https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0252005 . [Online]

10. Economic Impact of Unsafe Abortion-Related Morbidity and Mortality: Evidence and Estimation
Challenges. , Vlassoff, M., Shearer, J., Walker, D. a Lucas, H. IDS Research Report: issue
59 [online]. IDS, 2008 [cit. 2021-12-19]. ISBN 978 1 85864 539 5. Dostupné z:
https://www.ids.ac.uk/publications/economic-impact-of-unsafe-abortion-related-morbidity-and-mortali
ty-evidence-and-estimation-challenges/


Karolína Lacinová, M20645 -FAM