Abuse by medical practice? Clinical reinforcement of negative cultural norms.
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This article asks how Irish abortion law developed to the point of stopping a young pregnant rape victim from travelling abroad to have an abortion in 1992 (Attorney General v.X). The author argues that this case, which ultimately saw the Irish Supreme Court overturn that decision and recognize the young woman's right to abortion, was the last chapter of the fundamentalist narrative of Irish abortion law. The feminist critique of that law needs to consider its particular fundamentalist aspects in order to clarify the obstacles posed to the struggle for Irish women's reproductive freedom. The author argues that a fundamentalist narrative ordered the post-colonial and patriarchal conditions of Irish society so as to call for the legal recognition of an absolute right to life of the "unborn." The Supreme Court's interpretation of the constitutional right to life of the fetus in three cases during the 1980s is evidence that Irish abortion law was constructed through a fundamentalist narrative until that narrative was rejected in the Supreme Court decision in Attorney General v. X.
Community nurses may be asked for advice on sterilization operations for adults with learning disabilities by worried parents/carers. This article sets out the legal position advocated by the English courts. Sterilization for adults with learning disabilities is generally non-consensual. The courts cannot consent on behalf of the adult but can rule on the lawfulness of the operation. Cases need not be brought before the court when the operation is to be carried out to treat a specific menstrual malady and where sterilization is an incidental result. However, the Law Commission (1995) has set guidelines which recommend that such operations require a certificate from an independent medical practitioner. In operations where the sole purpose is contraception the courts will always need to be involved. Their decision on the lawfulness of the operation will be based on what is in the person's best interests which in turn will be determined by reference to standards set by a responsible body of medical practitioners.
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... This essay draws a connection between the medical procedures produced by new reproductive technologies, most specifically the use of pre-natal tests which result in abortion, and the dictates of American liberal theory. There is, I believe, a strong link between certain contemporary American abortion practices and American liberalism's formulation of and emphasis on rational individualism. The touchstone and criterion of reason as the sole measure of humanity has influenced the conditions under which we reproduce, and consequently, when we abort. Although America purports to offer certain kinds of freedom to all individuals, only those who exercise the capacity for rationality are in fact permitted to reap the benefits of liberal society.
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