Eugenic Abortion
A legal and Ethical Issue
Health Law and Bioethics
Leonor Ferreira, nº1226
“The role of the stronger is to dominate,
not merging with the weakest and
thereby sacrificing his own greatness.
Only the weak from birth find this law
cruel, because he his a weak and limited
man. If this law does not prevail, the
evolution of organized beings woulds be
unthinkable.”
What is Eugenics?
According to Fernando Regateiro’s definition, Eugenics is “the
rational application of the laws of genetics to human
reproduction, in order to improve in future generations, the
hereditary qualities of an entire population, from the physical
and (or) mental standpoint.”
What is Eugenic Abortion?
Abortion performed because of possible fetal
defects (like the occurrence of a disability, or the
unviability of the fetus).
Eugenic abortion is a demonstration of negative
eugenics – the techniques which “disfavor the
spread of genes considered harmful”, according to
Luis Archer.
Example: Down syndrome which is a chromosomal condition
caused by the presence of all or part of an extra 21st
chromosome. Can be detected in a fetus doing an exam called
amniocentesis.
Portuguese Penal Code
Article 142º (unpunishable termination of pregnancy)
It isn’t punishable the termination of pregnancy
performed by a physician or under his direction, in a
licensed health care establishment, with the consent of
the pregnant woman, when:
c) It is very probable that the child might suffer from an
incurable and serious illness or congenital malformation,
and is performed within the first twenty-four weeks of
pregnancy, except for the situations of non-viable
fetuses, in which case the termination may be practiced
at any time.
Ethical perspectives.
According
to
Deontological
Ethics:
action's
adherence to rules or duties: a action is good from a
moral point of view when is practiced following a
certain principle, like the principle of human dignity
(example, Kant.)
According to Utilitarian Ethics: The moral worth of an
action is determined solely by its usefulness in
maximizing utility as summed among all sentient
beings: an action is good from a moral point of view
when is practiced to achieve “the greatest pleasure
for the greatest number”. (John Stuart Mill, Jeremy
Bentham.)
The principle of human dignity, in portuguese, “princípio
da dignidade da pessoa humana” protects people. But
some philosophers, like Tooley, think that to be a
person it isn’t enough to be human animal – a person is
a being who sees him/herself as a separate entity over
time. And a fetus, all newborns and some deeply
disabled people can’t.
Others say that the idea of “persona” (person, pessoa)
is built considering the dimensions and the complexity
of the human being, and it’s possible to be “more
person”, and “less person” according to your own ability
to seek yourself as a separate entity over time. And if a
non human animal can do it, it would never be a person
anyway, because to be a human is a sufficient condition
to be a person, but also a necessary one.
First perspective: A person must be regarded as an end
itself, with no exceptions or special conditions: moral
action is simply linked to the principle of duty.
1) Whether we consider a fetus as a person or as a
living being only, our actions must respect the value
of life without regarding the particularities of a case:
No life’s worths more than any other and exceptions
aren’t aloud.
2) The concept of person is composed by many
dimensions: one of them is the “person-essence” – a
human being. The fetus is a being which
encompasses all the potential to be a person, as the
origin of all human beings: and we are unable to
protect something when we don’t regard its origin.
Second Perspective: 1) A fetus has no conscience
of itself. Wherefore, its life doesn’t correspond to its
own interest – is an interest of the parents.
2) If the arrival of a disabled child doesn’t match to
its parents interest – and also constitutes an
obstacle to the possible conception of second child
who may be healthy – the termination of this
pregnancy can better serve the interests of the only
ones interested in it: the parents. So, termination is
done to achieve “the greatest pleasure of the
greatest number”, and is good from a moral point
of view.
Conclusion: In our opinion, the Portuguese legal solution on the
matter seems to be as balanced as possible, in order to respect all
interests, but also the origin of human life.
However, the aim of this work is to reflect about our common
beliefs and behaviors on this matter.
Generally, people are more utilitarian, and the termination of a
pregnancy when the fetus will origin a disabled child is considered
as something society should support in the name of a greater
good.
But shouldn’t we, members of the society, try to integrate the
imperfection as a part of it?
Is eugenic abortion a demonstration of selfishness and not mercy?
Isn’t eugenic abortion a dangerous practice to the point of fostering
a desire to cleanse society of those members who are considered
“weaker” than the others?