This is important as detaining an individual in hospital involves a serious breach of their human rights. Two doctors' signatures are also required on cremation forms. Abortion is similar to the application of the mental health Act in that both involve overriding the human rights of another human being. It is therefore very appropriate that abortion forms require two signatures. Private sector abortions allow potential for the commercial abuse of women. In 2007, of the 198,500 abortions that took place in England and Wales, 89 were nhs funded, of which 57 were carried out in the private sector. 1, this provides an incentive to breach the terms of the Act, in order to maximise the numbers of abortions carried out and therefore financial income. A properly implemented '2 doctor' rule, ideally with at least one of the doctors not being employed by the private sector institution, would ensure that women are not exploited.
Chapter 8: Abortion, doing Ethics
Abortion again in 1st trimester always legal. Conclusion, five reasons for keeping the 2 doctor requirement. Abortion is illegal, in Britain abortion remains illegal, carrying up to a 14 year custodial sentence, except in those circumstances specified in the Abortion Act. The Offences Against the person Act (1861) grants the unborn child legal protection, and doctors are only exempt from prosecution when they terminate a pregnancy within the terms of the 1967 Act. The original intention of the 1967 Abortion Act, was to allow termination in 'hard cases' rape, incest, foetal abnormality, and to prevent backstreet abortions. There was no intention to introduce abortion on demand. This legal framework remains relevant since it insists that all human life at all ages is significant and that a good reason is required to take life. Abortion is not a 'normal' procedure. In Britain, for normal medical or surgical procedures only informed consent is required. However, a precedent exists for requiring two doctors' signatures in legally significant situations. For example, in detaining someone under the provisions of the mental health Act, two doctors must certify that a patient has a mental disorder and must be detained for their own safety and the safety of others.
langlois, jill (April 14, 2012). "Abortion ban lifted in Brazil for fetuses with severe brain damage". The two best doctor requirement on abortion requests back to abortion, executive summary: key focus: The two doctor rule does not exist to make sure that women are properly consented for the procedure. The reason for the two doctor requirement is that apart from a limited set of circumstances abortion is illegal, and as such is quite different from other medical and surgical procedures. Reasons for keeping the 2 doctor requirement: Abortion still illegal in Britain, abortion different from other medical procedures. Private sector abortions allow potential for abuse of women. Bma does not support Harris's amendment. Balancing risks if abortion difficult, refuting arguments against 2 doctor rule: Requirement delays abortions, wide abuse of requirement. No precedent for needing 2 doctors for consent.
Retrieved June 20, 2007. população rejeita mudanças na lei sobre aborto, gays e drogas, último segundo, 5 de dezembro de 2010 (in Portuguese) Brazil attacks church opposition to girl's abortion Stuart Grudgings, reuters. "cnbb desautoriza iniciativa de bispo". O estadão de ulo. Archived from the original on 23 February 2014. "Excommunicated doctor hailed for abortion on child rape victim". "Dalla parte della bambina brasiliana".
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"A new bill aims to make brazil's abortion law even tougher". Expanding family planning options: An assessment of the need for contraceptive introduction in Brazil, world health Organization, 1994 singh.; Wulf. "Estimated levels of induced abortion in six Latin American countries". International Family Planning Perspectives. "Latin America: Women and Abortion". a b c d doublespeak e f Goldman, lisa. García sg, díaz j, and Yam.
"Brazilian obstetrician-gynecologists and abortion: a survey of knowledge, opinions and practices". nations mk, misago c, fonseca w, correia ll, campbell om (June 1997). "Women's hidden transcripts about abortion in Brazil". "Brazil: Options for Abortion and Women's Organizations". " Brazilians Want to keep Abortion as Crime Archived at the wayback machine." (April 12, 2007). Angus reid Global Monitor.
Anencephaly exception edit In July 2004, a brazilian federal judge issued a preliminary ruling that waived the requirement for court authorization for abortions in cases of fetuses with anencephaly. The Brazilian council of Bishops lobbied against the ruling and the national Confederation of healthcare workers wanted to make the exception permanent. In October 2004, the full Brazilian Supreme court convened and voted 7-4 to suspend the judge's ruling until the full tribunal had the opportunity to deliberate and rule on the matter. 12 A 2005 study found that 53 of doctors had performed an abortion in the case of a severely deformed fetus, even though that was not allowed by Brazilian law without a court order. Doctors who thought that the law should be more liberal were more likely to have correct knowledge of abortion law and to be familiar with the abortion law regarding severe fetal malformations.
12 On April 12, 2012, the supreme federal court ruled by an 8-2 vote to legalize abortion in cases of fetuses with anencephaly, saying that it was not about a potential life because an anencephalic fetus would certainly die and never become a person. Religious anti-abortion movements criticized the decision of the court, saying that anencephalic fetuses also had a right to life. 21 References edit brazilian Criminal Code (in Portuguese art. Brazilian Criminal Code (in Portuguese art. Brazilian Criminal Code (in Portuguese arts. "brazilian supreme court takes step towards decriminalizing abortion". "Brazil Supreme court Decriminalizes Abortion in First 3 Months".
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15 The last poll on this issue was made in December 2010, by the polling institute vox Populi. This study revealed an increase among those who reject abortion. 82 of Brazilians consider that the current law on abortion should not be modified, while 14 consider that abortion should be decriminalized, and 4 declare to have no position on the matter. 16 A survey of more than 4,200 obstetrician-gynecologists affiliated with the Brazilian Federation of Obstetricians and Gynecologists found that the closer they were to a patient, the more they accepted legal abortion for that person: 41 had helped a patient to get an abortion,. The figure was slightly assignment lower for very religious doctors: only 70 of them had obtained abortions for themselves or their partners. 12 Excommunication controversy edit main article: 2009 Brazilian girl abortion case In March 2009, after an abortion on a nine-year-old girl raped by her stepfather and pregnant with twins had been performed to save her life, archbishop José cardoso sobrinho of Olinda and Recife stated. President Lula da silva and health Minister José gomes Temporão decried his statement, and the national Conference of Bishops of Brazil disowned it, proposal saying that the mother was certainly not excommunicated and there was insufficient evidence to show that any member of the medical team. The statement was criticized also on the vatican newspaper by the President of the pontifical Academy for Life. One of the doctors concerned said the controversy had drawn needed attention to Brazil's restrictive abortion laws.
They have a general awareness of medical abortion using misoprostol (Cytotec) or other prostaglandins to induce abortion but less experience with. Few know of newer and more effective regimens using with mifepristone or methotrexate. Urvey also found considerable ignorance of Brazil's law on abortion, with only 48 of the physicians knowing that sense it is legal to save a woman's life and widespread confusion about fetal age limits. An earlier survey found that two-thirds of Brazilian ob-gyns incorrectly believed that a judicial order is required to obtain a legal abortion and only 27 knew that the woman needed to make a written request to obtain a legal abortion. Those doctors cannot give accurate information to their patients. 12 In non-hospital settings, women's folk medicine allegedly brings on the menstrual flow rather than causing an abortion. "Two folk medical conditions, "delayed" (atrasada) and "suspended" (suspendida) menstruation, are described as perceived by poor Brazilian women in Northeast Brazil. Culturally prescribed methods to "regulate" these conditions and induce menstrual bleeding are also described, including ingesting herbal remedies, patent drugs, and modern pharmaceuticals." 13 Some women, if financially able, will travel abroad to have abortions, with Cuba, mexico, guyana, aruba, curacao, french guiana, and the. 14 Public opinion edit a march 2007 Datafolha/ Folha de ulo poll found that 65 of Brazilians believe that their country's current law "should not be modified 16 that it should be expanded "to allow abortion in other cases 10 that abortion should be "decriminalized.
illegal because legal abortion is difficult to impossible to obtain. 10 A 2010 study found that 20 of Brazilian women of childbearing age have had an illegal abortion. Impact to women's health edit a summary of maternal and children's health by country can be found at save the Children State of the world's Mothers report. In 2005, it was reported that 300,000 women a year were hospitalized for complications of unsafe abortion. Perhaps as a result, 77 of physicians surveyed thought that the law should be more liberal, with the more experienced doctors being more accepting of abortion. 12 In 2010, it was reported that 200,000 women a year are hospitalized for complications of unsafe abortion. Methods edit One-third of Brazilian doctors in a 2005 survey reported having performed abortions, mostly dilation and curettage. They have little experience with vacuum aspiration but they are aware of it as a method.
In a 2008 case, however, the. Supreme federal court ruled, by a 6-5 vote, that the right to life applies only to intrauterine embryos, and that frozen embryos not eligible to a uterus transfer do not hold fundamental rights and may be manipulated for research purposes. In 2012, the supreme court also authorized the practice of abortion on fetuses with anencephaly. Recent events show that these laws are about to be amended. On november 29, 2016 the supreme court in Brazil ruled that "abortion should not be a crime when performed in the first three months of pregnancy". 5, this ruling could potentially set a new precedent on law surrounding abortion in Brazil. 6, it is very controversial, due to the fact that Brazilian government just passed a bill, earlier in 2016, which aimed to make brazilian law on abortion even stricter. 7, contents, statistics edit, a 1991, world Bank report estimated that the lifetime abortion rate is over two abortions per woman. In 1992 the ministry of health estimated the total annual abortion rate at between 800,000 and.2 million, based on extrapolations from abortion-related hospitalizations under the health system.
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Abortion in Brazil is legal paper if the pregnancy puts the life of the woman in danger or if the pregnancy is the result of a rape. 1, the punishment for a woman who performs an abortion on herself or consents to an abortion performed by another outside these legal exceptions is one to three years of detention. 2, the base penalty for a third party that performs an illegal abortion with the consent of the patient, ranges from one to four years of detention, with the possibility of increase by a third if the woman comes to any physical harm, and can. 3, criminal penalties fixed at four years or less can be converted to non-incarceration punishments, such as community service and compulsory donation to charity. 4, brazil is a signatory of the, american Human Rights Convention, also called the pact of San José. The convention grants the right to life to human embryos, "in general, from the moment of conception and has a legal status on a par with the. Constitution in, brazilian Law. The, civil Code of Brazil also safeguards the rights of the unborn.